The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.

Page and summary	Date added to site	Categories
PS v LP (2013) EWHC 1106 (COP), (2013) MHLO 43 — (1) It was in LP's best interests not to see her estranged family: before losing capacity due to a cerebral aneurism, she had taken the decision that her future was with her new partner and that she wished to break with the past. (2) Contact should only commence in future if LP becomes capable of expressing a view to that effect, and the family should be kept informed in relation to this approximately every six months.	2013-05-05	2013 cases, Best interests, Brief summary, Transcript
A County Council v E (2012) EWHC 4161 (COP), (2012) MHLO 176 — "This case involves the personal welfare of two young women, E and K. E is 26 years old and K is 24. Both have a diagnosis of Fragile X syndrome and associated learning disabilities, as confirmed by a consultant psychiatrist in a report of 7 August 2010. E is selectively mute. K also has a diagnosis of Attention Deficit Hyperactivity Disorder ('ADHD')." [Summary required.]	2013-03-28	2012 cases, Best interests, No summary, Transcript
HT v CK (2012) EWHC 4160 (COP), (2012) MHLO 175 — "This decision deals with residence, contact and financial arrangements for CK ('C' or 'Ms K'). In particular, the court must decide whether it is in her best interests to remain where she is living and the appropriate contact arrangements" [Summary required.]	2013-03-28	2012 cases, Best interests, No summary, Transcript
Aintree University Hospitals NHS Foundation Trust v David James (2013) EWCA Civ 65, (2013) MHLO 17 — "On 6th December 2012 Mr Justice Peter Jackson ... declined to make the declarations sought by the appellant, the hospital treating DJ, that subject to the agreement of his clinical team, it would be lawful, being in his best interests, for the following treatment to be withheld in the event of a clinical deterioration: cardiopulmonary resuscitation; invasive support for circulatory problems; renal replacement therapy in the event of deterioration in renal function." The Court of Appeal allowed the Trust's appeal. [Summary required.]	2013-03-26	2013 cases, Best interests, No summary, Transcript
Re P (hunger strike) (2013) MHLO 4 (COP) — (1) The press has reported this case as follows: (a) P came to the UK on a six-month visa to learn English but refused to leave, asylum having been refused twice; (b) he stopped eating in May 2012 in protest at the UKBA's refusal to return his passport unless he returns to Iran; (c) an NHS Trust in the South-east of England is seeking to force-feed him on the basis that he lacks capacity because of a delusional disorder. (2) The case is ongoing and a reserved judgment is expected by mid-February 2013.	2013-01-30	2013 cases, Best interests, Brief summary, Transcript
Re AW (Permanent Vegetative State); The NHS Trust v AW (2013) EWHC 78 (COP), (2013) MHLO 3 — AW was in a permanent vegetative state, having suffered a spontaneous, severe intra-cerebral haemorrhage in 2008. The NHS Trust responsible for AW's care sought a declaration that it would be lawful and in her best interests to withdraw active medical treatment, including specifically artificial nutrition and hydration, even though this would lead to AW's death. The application was supported by AW's family, by all the medical staff who looked after her, by the evidence of the expert witnesses provided reports, and by the Official Solicitor on behalf of AW herself. (1) The judge's findings were as follows: (a) AW is in a permanent vegetative state; (b) there will be no change or improvement in her condition; (c) there is no treatment available which could confer any benefit and that accordingly her treatment regime is futile; and (d) he suffering caused by withdrawal of artificial nutrition and hydration will be managed by appropriate use of pain relief in accordance with the plan ..→	2013-01-29	2013 cases, Best interests, Brief summary, Transcript
Re P (abortion) (2013) MHLO 1 (COP) — The press has reported this case as follows: (1) The solicitor who was one of P's deputies queried whether P had capacity in relation to whether to continue with her pregnancy or have an abortion. (2) Hedley J held that she manifestly lacked litigation capacity but did have capacity in relation to continuing the pregnancy. (3) Generally courts and health officials should not try to decide whether P would be able to bring up a child but should instead concentrate solely on whether the pregnancy itself is in her best interests (the reasoning being that once a child is born, if the mother does not have the ability to care for a child, society has perfectly adequate processes to deal with that). (4) The judge also stated that '[t]he purpose of [mental capacity legislation] is not to dress an incapacitated person in cotton wool but to allow them to make the same mistakes that all other human beings are able to make and not infrequently do'.	2013-01-25	2013 cases, Best interests, Brief summary, Transcript
Re L; The NHS Trust v L (2012) EWHC 2741 (COP), (2012) MHLO 159 — The Trust sought a declaration that it was not in the best interests of L to be the subject of forcible feeding or medical treatment notwithstanding that in the absence of such nutrition and treatment she would inevitably die. The court declared (to paraphrase) that: (1) L lacked capacity to litigate and to make decisions in relation to the serious medical treatment at issue, specifically, (a) nutrition and hydration, and (b) dextrose for hypoglycaemic episodes. (2) L had capacity to make decisions as to anti-biotic treatment, analgesia and treatment of her pressure sores. (3) In L's best interests, the clinicians were permitted: (a) to provide nutrition and hydration and medical treatment where L complies; (b) to administer dextrose solution to L despite her objections where immediately necessary to save life; (c) not to provide L with nutrition and hydration with which she does not comply (all reasonable steps to gain L's co-operation having been taken); (d) to provide palliative ..→	2012-12-23	2012 cases, Best interests, Brief summary, Transcript
A Local Health Board v J (2012) MHLO 158 (COP) — (1) The court made the following declaration and orders as sought by the Health Board: (a) J lacked capacity to make decisions regarding her medical treatment including decisions regarding the withdrawal of ANH and other life-sustaining treatment; (b) J was in a permanent vegetative state and had no prospect of recovery; (c) there were no further investigations/treatment which should be undertaken; (d) it was in J's best interests for ANH to be withheld; (e) ANH might be withdrawn lawfully by the applicant, or responsible attending medical practitioners or nursing staff; and (f) it was in her best interests to receive such treatment and nursing care as was appropriate to ensure that she retained the greatest dignity until her life came to an end. (2) In relation to the second declaration, the court considered evidence that J had said 'die' several times, and concluded that this had been (misinterpreted) 'vocalisation' (a moan or groan often repeated, and often seen in PVS) rather ..→	2012-12-21	2012 cases, Best interests, Brief summary, No transcript
NHS Trust v K (2012) EWHC 2922 (COP), (2012) MHLO 150 — The Trust proposed to carry out surgery on K which could potentially cure her of cancer but which itself (given her co-morbidities including her 20-stone weight) raised a considerable risk of death. (1) K lacked capacity due to her chronic mental illness, and in particular her delusional belief that she did not have cancer, to make informed decisions about major medical treatment. (2) Orders were made that certain specified treatment would be lawful, subject to powers of veto given to specified people.	2012-12-20	2012 cases, Best interests, Brief summary, Transcript
Re KH (A child); An NHS Trust v Mr and Mrs H (2012) EWHC B18 (Fam), (2012) MHLO 142 — "This is an application by an NHS Trust for declarations in relation to the best interests of a boy known in the proceedings as KH. The Trust seeks approval of a medical treatment plan which comes before the court because there are some matters that are not agreed and because the treatment plan involves the withholding of life-sustaining treatment in the event of a serious deterioration in KH's condition." [Summary required.]	2012-12-20	2012 cases, Best interests, No summary, Transcript
An NHS Trust v DJ (2012) EWHC 3524 (COP), (2012) MHLO 138 — "As a result of his illness, DJ does not have the capacity to make decisions about his medical treatment. The trust has brought the proceedings because there is longstanding disagreement between the family and the doctors about what treatment should be given. This requires the court to make an assessment of DJ's best interests within the framework of the Mental Capacity Act 2005. If that assessment supports the view taken by the doctors, a declaration may be granted endorsing the lawfulness of their approach." [Summary required.]	2012-12-19	2012 cases, Best interests, No summary, Transcript
NHS Trust v Baby X (2012) EWHC 2188 (Fam), (2012) MHLO 99 — "The question in this case is whether a baby known as X should be removed from a ventilator and made the subject only of palliative care. As the evidence is that he will almost certainly die within minutes, or at best hours, of such removal, it will be readily apparent that this case is both tragic and difficult. Given the nature of the question, I have thought it right to deliver this judgment in open court but nothing of course may be reported which might reasonably lead to the identification of X or his parents. An issue has arisen over the reporting restrictions order in this case; I intend to deal with this matter quite separately to this judgment." [Detailed summary available.]	2012-09-30	2012 cases, Best interests, Detailed summary, Transcript
Re MW; LB Hammersmith and Fulham v MW (2012) MHLO 82 (COP) — (1) MW lacked capacity to make decisions in relation to contact with his childhood friend JC. (2) It was not in MW's best interests for JC to visit MW's home, so an order was granted restraining JC from doing so; this was endorsed with a penal notice because of previous breaches of an injunction. (3) The local authority and Official Solicitor's requested that MW, who lacked litigation capacity, should not attend the hearing because this would be stressful and not conducive to the maintenance of his good mental health: the court acceded to this application. (4) Sensitive evidence was withheld from JC, at the request of the local authority and Official Solicitor, but the court came to its final decision based on the open evidence.	2012-08-29	2012 cases, Best interests, Brief summary, Transcript
Re Steven Neary; LB Hillingdon v Steven Neary (2012) MHLO 71 (COP) — The Court of Protection approved a consent order under which the London Borough of Hillingdon is to pay £35,000 damages to Stephen Neary.	2012-07-26	2012 cases, Best interests, Brief summary, Deprivation of liberty, No transcript
Re E (Medical treatment: Anorexia) (2012) EWHC 1639 (COP), (2012) MHLO 55 — "E is a 32-year-old woman who suffers from extremely severe anorexia nervosa, and other chronic health conditions. On 18 May 2012, an urgent application was made to the Court of Protection by her local authority, which was concerned that her position should be investigated and protected. E's death was imminent. She was refusing to eat, and was taking only a small amount of water. She was being looked after in a community hospital under a palliative care regime whose purpose was to allow her to die in comfort. ... I found that E lacked capacity to make a decision about life-sustaining treatment and declared that it was in her best interests to be fed against her wishes with all that this entails." [Summary required.]	2012-06-21	2012 cases, Best interests, No summary, Transcript
Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47 — (1) P was in a permanent vegetative state so continued medical treatment is of no benefit to him because it is futile. (2) His letter refusing life-sustaining treatment did not comply with the MCA requirements for an advance decision so could not have been relied upon; however, had the evidence on PVS not been clear cut, the judge would have given P's previous wishes and feelings great weight.	2012-05-05	2012 cases, Best interests, Brief summary, Transcript
LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP) — "There are many issues that have arisen in this case, but now the critical welfare issue is whether or not H should be returned home to live with her mother. This is an outcome sought by the mother, but opposed both by the Local Authority and by the Official Solicitor as litigation friend to H." [Summary required.]	2012-05-05	2011 cases, Best interests, No summary, Transcript
Re L; K v LBX (2012) EWCA Civ 79, (2012) MHLO 7 — Article 8 does not require that maintenance of existing family life arrangements be a 'starting point' in best interests decisions.	2012-02-08	2012 cases, Best interests, Brief summary, Transcript
Re JDS; KGS v JDS (2012) EWHC 302 (COP), (2012) MHLO 4 — "This is an application for a gift to be made to the parents of a young man who has been awarded damages for clinical negligence. The purpose of the gift is to reduce the amount of Inheritance Tax that they may have to pay on his death." [Summary to follow.]	2012-01-27	2012 cases, Best interests, No summary, Transcript
Re VW; NK v VW (2010) COP 27/10/10 11744555 — NK sought (a) to have his mother VW removed from a care home (where she was detained under a DOLS authorisation) and placed in one more local to him, and consequently (b) to have more frequent contact than permitted by the current DOLS authorisation and (c) to be appointed welfare and financial deputy. He was refused permission to make his applications, because of medical evidence that to move VW would be detrimental to her welfare.	2012-01-02	2010 cases, Best interests, Brief summary, Transcript
Cardiff Council v Peggy Ross (2011) COP 28/10/11 12063905 — Cardiff Council used the Deprivation of Liberty Safeguards to prevent an elderly couple going on holiday cruise; the court decided that it was in the respondent's best interests to go on the cruise, and gave permission for ITV Wales to report that decision and broadcast interviews; later the court decided that the respondent herself had capacity to decide whether or not to go.	2011-12-10	2011 cases, Best interests, Brief summary, Transcript
Re S (Adult Patient) (Inherent Jurisdiction: Family Life); Sheffield City Council v S (2002) EWHC 2278 (Fam) — Dispute between a local authority and S‘s father, DS, as to where S should live: prior to the events which precipitated the proceedings, S had always lived at home with DS. [Summary required.]	2011-12-10	2002 cases, Best interests, No summary, Transcript
Re P; A Local Authority v PB (2011) EWHC 2675 (COP) — Case concerning residence, contact, and deprivation of liberty. [Summary required.]	2011-11-14	2011 cases, Best interests, No summary, Transcript
Re FL; HN v FL and Hampshire CC (2011) EWHC 2894 (COP) — 'The primary issues requiring determination by the court were as follows: (1) FL’s capacity to make personal welfare decisions; (2) FL’s mental health needs; (3) FL’s medication; (4) The Z Home’s ability to meet FL’s physical and mental health needs; (5) Whether HN had conducted herself inappropriately or whether such conduct was justified; (6) Whether HCC and or The Z Home conducted themselves inappropriately or whether such conduct was justified; (7) Depending on the outcome of (5) and (6) whether restrictive orders should be made.' 'IPL were permitted to publish details about the case subject to the restrictions in that order.' [Summary required.]	2011-11-09	2011 cases, Best interests, No summary, Transcript
LB Tower Hamlets v BB (2011) EWHC 2853 (Fam) — 'There are two sets of proceedings which concern BB. In the first, her litigation friend, sought guidance from the court under sections 16 and 18(k) of the Mental Capacity Act 2005 about the conduct of proceedings concerning BB and declarations that she a) lacks capacity to conduct those proceedings and b) it is in her best interests that, in the event that her marriage to MA is a valid marriage, it be annulled or that there be a declaration that it is not recognised by the law of England and Wales. In the second, the local authority as substituted applicant seeks declarations that BB a) lacks the capacity to litigate, b) lacks capacity to decide where she should live, with whom she should have contact, who should provide her with care, what care should be provided to her and the medical treatment she should receive for her mental disorder. The court is asked to make decisions on her behalf as respects those questions which the court determines she is incapacitated to answer.' ..→	2011-11-09	2011 cases, Best interests, Deprivation of liberty, No summary, Transcript
Re GM; FP v GM and A Health Board (2011) EWHC 2778 (COP) — This was an application for a DOLS standard authorisation to be discharged, thus permitting GM, on discharge from hospital, to return to his home rather than be sent to an EMI home. (1) For there to be an order preventing GM from returning home (in practice, permanently) it would have to be 'so contrary to his interests to return that the court must not even contemplate seriously a placement' at home. (2) Factors in favour of a return home included: the 'emotional dimension'; GM's short life expectancy, and the fact that a move to EMI accommodation would be permanent; and Article 8 considerations. (3) Factors against were: the probability of a lesser quality of physical care at home; the risk of risk of breakdown and conflict; and the risk of deterioration, for instance in sleep pattern. (4) The DOLS authorisation was discharged. (5) As GM was ready for discharge from hospital, and the decision would have permanent effect, Hedley J decided the issue in one day in January instead ..→	2011-10-26	2011 cases, Best interests, Brief summary, Transcript
A London Local Authority v JH (2011) EWHC 2420 (COP) — It was, in the interim, in JH's best interests to return home with a package of care (rather than go to a care home). [Summary to follow.]	2011-10-05	2011 cases, Best interests, No summary, Transcript
LG v DK (2011) EWHC 2453 (COP) — Application to Court of Protection to decide whether it is in DK's best interests to provide DNA sample for paternity test. [Summary to follow.]	2011-10-05	2011 cases, Best interests, No summary, Transcript
Surrey County Council v MB (2007) EWHC 3085 (Fam) — MCA, MHA, deprivation of liberty. [Summary required.]	2011-09-29	2007 cases, Best interests, No summary, Transcript
Re M; W v M (2011) EWHC 2443 (COP) — M is in a minimally-conscious state (the three categories of disorders of consciousness being coma, vegetative state and minimally-conscious state); family members applied to court to argue that the withdrawal of artificial nutrition and hydration was in M's best interests. (1) The Official Solicitor's argument that withdrawal can never be in the best interests of a clinically-stable MCS patient was rejected in favour of the usual 'balance sheet' approach to best interests, although clinical stability is an important factor. (2) In analysing best interests, the judge considered (a) preservation of life, (b) M's past wishes and feelings, (c) pain, (d) enjoyment of life, (e) prospects of recovery, (f) dignity, and (g) wishes and feelings of family members and carers. (3) It was not in M's best interests for ANH to be withdrawn: the preservation of life was the decisive factor in this case. (4) The judge made the following observations for future cases: (a) a decision to withhold or ..→	2011-09-28	2011 cases, Best interests, Brief summary, Transcript
WCC v GS (2011) EWHC 2244 (COP) — (1) GS lacked capacity to conduct litigation, to make decisions in respect of her care requirements, to decide where she wants to live and to decide issues relating to contact with her family. (2) It was in GS's best interest to remain at a care home. (3) Having set out an general guidance in relation to conditions imposed on contact, the court approved an agreed contact schedule between GS and her son.	2011-08-22	2011 cases, Best interests, Brief summary, Transcript
Re DU; A NHS Trust v DU (2009) EWHC 3504 (Fam) — It was in DU’s best interests to be permitted to return to Nigeria subject to the making of practicable arrangements. [Official summary available.]	2011-07-31	2009 cases, Best interests, Brief summary, Transcript
Cheshire West and Chester Council v P (2011) EWHC 1330 (COP) — (1) The new care plan was in P's best interests (paras 35, 39). (2) There was a deprivation of liberty (reasons given in paras 58-60). [Caution.] (3) A costs order was made against the local authority as the serious misconduct of its employees (including misleading the court under oath, failure to disclose documents and falsifying records) rendered the proceedings more costly (para 76). (4) The public interest in holding public authorities accountable amounts to a 'good reason' for naming the local authority; the scale of the possible identification of P was minor enough not to prevent this (paras 89-90). [Detailed summary to follow.]	2011-06-19	2011 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 1377 (COP) — (1) By keeping Stephen away from his home, Hillingdon breached Article 8 and Article 5(1) (notwithstanding DOLS authorisations granted during later stages). (2) By (a) failing sooner to refer the case to the COP, (b) failing sooner to appoint an IMCA, and (c) failing to conduct an effective review of the best interests assessments, Hillingdon breached Article 5(4).	2011-06-09	2011 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
A Council v X (2010) EWHC B10 (COP) — Direct contact between X, a 94 year old lady who lacked capacity due to advanced dementia, and her daughter Y was no longer in X's best interests.	2011-05-26	2011 cases, Best interests, Brief summary, Transcript
Re A; A v A Local Authority (2011) EWHC 727 (COP) — A, represented by the OS, appealed under MCA 2005 s21 against a DOLS standard authorisation; the other parties, including A's son, argued that A lacked capacity and that his current placement was in his best interests. The OS wanted an up-to-date assessment of capacity and a report on best interests, suggesting a COP Visitor report as being the proportionate method: the report would determine whether to dispose of the case by consent or seek further directions. Given the clear evidence, had it been a child best interests case there would have been summary judgment; however, the MCA laid down stringent conditions for deprivation of liberty, so the court cannot act as a rubber stamp and the OS must be allowed to carry out his duty of representing A as he thought fit. Having regard to the overriding objective, the COP Visitor method, and likely disposal without a further hearing, was the best way forward.	2011-03-29	2011 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
Re P; A Local Authority v PB (2011) EWHC 502 (COP) — (1) The judge's view was that in exercising a welfare or best interests jurisdiction (whether under the Children Act, under the inherent jurisdiction, or under the MCA) the court is choosing between available options; a point then arises whether the COP can add to the available options (by application of public law and HRA tests in the private law proceedings) or whether judicial review is necessary; these jurisdictional issues should be addressed well before a case comes on for final hearing, so that the relevant authority does not refuse to provide the services after the court has decided that they are in P's best interests; in this case there may be a further hearing to decide the issue. (2) At an appropriate stage in most COP welfare cases, a direction along the following lines should be given (paraphrased) - Each party shall serve a document on the other setting out (a) the facts he asks the court to find, the disputed facts he asserts the court need not determine, and the ..→	2011-03-29	2011 cases, Best interests, Brief summary, Transcript
Re AH; AH v Hertfordshire Partnership NHS Foundation Trust (2011) EWHC 276 (COP) — (1) The case concerned the proposal to move 12 adults from a specialist residential service (SRS) to alternative homes, and this judgment is a 'firm provisional decision' on one case in the hope of assisting resolution of all cases. (2) It was clearly not in AH's best interests to be moved: only the closure of SRS could justify the turmoil of a move. (3) This case illustrates the point that guideline policies (here, the campus closure programme) cannot be treated as universal solutions.	2011-03-29	2011 cases, Best interests, Brief summary, Transcript
Re AM; B (A Local Authority) v RM (2010) EWHC 3802 (Fam) — (1) When considering whether to transfer an application for a care order (under the Children Act 1989) to the Court of Protection (to be dealt with under the MCA) the essential thrust is whether the young person's welfare will be better safeguarded within the Court of Protection. The court will take into account matters such as whether: (a) the child is over 16 (otherwise there is no power); (b) the child manifestly lacks capacity in respect of the principal Children Act decisions; (c) the incapacity is lifelong or at least long-term; (d) all decisions and issues about welfare can be resolved during minority; (e) the COP powers are more appropriate to resolve the issues; and (f) the welfare needs can be fully met using COP powers. (2) AM's welfare would be better protected within the COP because: (a) there should be a court determination about the placement; (b) the court door should remain open during planning the placement; (c) the judge was far from satisfied that the issues ..→	2011-03-29	2010 cases, Best interests, Brief summary, Transcript
Re CW; A Primary Care Trust v CW (2010) EWHC 3448 (COP) — (1) Medical treatment is of no benefit to a person in a persistent vegetative state because he is not sentient and has no prospect of recovery; whether the withdrawal of life-sustaining treatment measures is in P's best interests depends on whether the diagnosis of PVS is correct; if it is correct then the provision of any treatment is futile and cannot be in his best interests. (2) CW was in a persistent vegetative state with no prospect of recovery; it was in his best interests for artificial nutrition and hydration to be withheld, which could be done lawfully; it was in his best interests to receive treatment and nursing care to ensure that he retains the greatest dignity possible until death.	2011-03-02	2011 cases, Best interests, Brief summary, Transcript
Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 413 (COP) — (1) The judge directed that: (a) the named media organisations could send designated representatives to court, subject to further directions; (b) the media could identify the parties by name, rather than initials; (c) the media could report any information already in the public domain when reporting the proceedings; (d) any application to report information during the course of any private hearing is to be determined by the court at the conclusion of the relevant hearing. (2) The reasons given were that: (a) the circumstances are already in the public domain to a significant extent; (b) there is no evidence of a real possibility of detriment or distress to Stephen of anything other than a trivial nature; (c) it would be impossible to prevent the media from reporting parties' names at the end of proceedings. (3) In relation to future care, directions had been given for a mediated solution to be attempted. (4) In relation to lawfulness of the past deprivation of liberty, a hearing was ..→	2011-03-02	2011 cases, Best interests, Brief summary, Transcript
Re AVS; AVS v A NHS Foundation Trust (2011) EWCA Civ 7 — Court of Appeal refuse permission to appeal from Court of Protection decision in medical treatment case. [Official summary available.]	2011-01-17	2011 cases, Best interests, Brief summary, Transcript
Re HM; PM v KH (2010) EWHC 3279 (Fam) — PM sentenced to 4 months' imprisonment for contempt of court. [Summary required.]	2011-01-06	2010 cases, Best interests, No summary, Transcript
Re HM; PM v KH (2010) EWHC 2107 (Fam) — Costs orders against PM. [Summary required.]	2011-01-06	2010 cases, Best interests, No summary, Transcript
Re HM; PM v KH (2010) EWHC 871 (Fam) — Best interests case. [Transcript and summary required.]	2011-01-06	2010 cases, Best interests, No summary, No transcript
Re G (TJ) (2010) EWHC 3005 (COP) — The court considered the meaning of 'best interests' when deciding whether or not to direct a deputy to make maintenance payments from P's funds to her daughter. (1) The balance sheet of facts which P would draw up if he had capacity to make the decision (taking into account actual wishes, beliefs and values, and other factors) is a relevant factor for the court's decision: thus a substituted judgment can be subsumed into the consideration of best interests. (2) 'Best interests' does not only include the self-interest of P: it includes wishes (or those he would have formed had he capacity) even if altruistic and not self-interested, and even if P has no awareness of the fact that such wishes are being respected. (3) On the facts: (a) no weight would be given to the possibility that P might be thought to have done the 'right thing', principally because she could not participate in the decision in any way, and partly because the family disagreed about what was the right thing; (b) ..→	2010-11-22	2010 cases, Best interests, Brief summary, Transcript
Re AVS; CS v A NHS Foundation Trust (2010) EWHC 2746 (COP) — (1) AVS suffered from CJD and at a previous hearing it had been declared that he lacked capacity to instruct solicitors or make medical decisions. (2) The critical question was: 'is it in AVS's bests interests that PPS treatment continues to be administered to him?' The applicant wanted it to recommence; the Trust did not. (3) The applicant brother was not an appropriate next friend as the relationship between him and the clinicians had broken down completely and he lacked the necessary objectivity: the Official Solicitor would be invited to act. (4) The court's 'best interests' analysis embraces all the circumstances of the case, and clinical opinion is not necessarily determinative, but it is unlikely in the extreme that the court would order a clinician to undertake a medical intervention which the clinician did not believe to be in the best interests of the patient. (5) These proceedings would therefore be doomed to failure without a clinical opinion on the applicant's side. A ..→	2010-11-02	2010 cases, Best interests, Brief summary, Transcript
E v Channel Four (2005) EWHC 1144 (Fam) — In these proceedings the Official Solicitor, joined by St Helens Borough Council, seeks an interim injunction to restrain the broadcasting by Channel Four Television Corporation of a film and the publication by the Sunday Times of an article about E. She is a woman of 32, who they assert lacks the capacity to consent to what Channel Four and the Sunday Times are proposing. They invoke the inherent jurisdiction of the court. [Summary required.]	2010-10-29	2005 cases, Best interests, No summary, Transcript
Re SB (2010) COP 19/10/10 — (1) SB lacked capacity to consent to potentially life-saving treatment for aplastic anaemia. (2) It was lawful for the clinicians to administer the treatment and restrain her for that purpose; also, if the they decided that it was too distressing, they could decide to stop. [Summary based on press report.]	2010-10-20	2010 cases, Best interests, Brief summary, No transcript
Re SA; FA v Mr A (2010) EWCA Civ 1128 — Court of Protection case. [Summary to follow.]	2010-10-18	2010 cases, Best interests, No summary, Transcript
An NHS Foundation Trust v D (2010) EWHC 2535 (COP) — (1) D lacked the capacity to decide on medical treatment for her prolapsed uterus, as she held the delusional belief that her condition was normal and did not require treatment. (2) It was in D's best interests to receive surgery, as if untreated her condition could be life-threatening. (3) The proposed restraint and deprivation of liberty (including a general aesthetic six days before the surgery) was authorised, if absolutely necessary, as being in her best interests. (Summary based on press articles.)	2010-10-05	2010 cases, Best interests, Brief summary, Transcript
A Primary Care Trust v P (2009) EW Misc 10 (EWCOP) — (1) P lacked capacity to decide where and with whom he should reside. (2) The removal of P from AH's care at home, as a manifest breach of Article 8, could only be proportionate if the best interests of P compellingly required it. (3) It was in P's best interests to be moved to independent living accommodation. (4) There would be a deprivation of liberty due to (a) the degree of control to be exercised by staff, (b) the constraint on P leaving if he intends to return to AH, (c) the power to refuse a request from AH for P's return, (d) the restraints on contact, (e) the fairly high degree of supervision and control. (5) Directions were given in relation to the conduct of further court reviews. (6) Contact would be dealt with separately in an Order.	2010-09-13	2009 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
Re LD; London Borough of Havering v LD and KD (2010) EWHC 3876 (COP) — (1) The practice of the Court to appoint personal wefare deputies only relatively rarely, in the most extreme cases, is the correct approach, considering the intention of s16(4). Specific decisions of the court are to be preferred to the ongoing appointment of a deputy and when a deputy must be appointed it is to be for the narrowest scope and the shortest time reasonably practicable in the circumstances. (2) The local authority's application to be appointed as LD's personal welfare deputy until further order was rejected: the case was not especially unusual or difficult; residence had recently been resolved by the court, and the other issues were either routine (and thus subject to s5) or very major (requiring court scrutiny); the absence of a deputy would not cause problematic delay in decision-making, as as court orders can be obtained very swiftly, and was not preventing care or services being provided; mere convenience to a local authority in ..→	2010-08-21	2010 cases, Best interests, Brief summary, Transcript
RT v LT (2010) EWHC 1910 (Fam) — (1) Applying the MCA 2005 provisions, LT lacked capacity in relation to residence and what contact she should have with her family. (2) Wherever possible, the plain words of the Act should be directly applied to the facts of the case in hand, but there will be cases in which it may be necessary to look at pre- or even post-Act authority on the question of capacity.	2010-07-27	2010 cases, Best interests, Brief summary, Transcript
HBCC v LG (2010) EWHC 1527 (Fam) — It was in the best interests of an elderly lady suffering from dementia to remain at a residential home, rather than be returned home to live with her daughter (who was assisted by a McKenzie Friend, whose role was the subject of consideration by the Court)	2010-07-21	2010 cases, Best interests, Brief summary, Transcript
Re MB (Medical Treatment) (1997) EWCA Civ 3093 — "This appeal arose from the application by a health authority for a declaration from the High Court that it would be lawful for the consultant gynaecologist to operate upon a young woman, Miss MB, who was 40 weeks pregnant and admitted to hospital on Friday 14th February." [Summary required.]	2010-07-20	1997 cases, Best interests, No summary, Transcript
Re SA; A Local Authority v MA (2005) EWHC 2942 (Fam) — "This case raises novel questions about the court's inherent jurisdiction in relation to vulnerable adults. I have before me a vulnerable young woman who has just turned eighteen and has therefore attained her majority. While she was still a child the court had exercised its inherent parens patriae and wardship jurisdictions to protect her from the risk of an unsuitable arranged marriage. The question is whether I have jurisdiction to continue that protection now she is an adult." [Summary required.]	2010-07-20	2005 cases, Best interests, No summary, Transcript
Re HM; PM v KH (2008) EWHC 2824 (Fam) — It was in the best interests of a young lady without capacity to determine questions of treatment, care and medical treatment to reside at a specialist placement rather than with her father.	2010-07-20	2008 cases, Best interests, Detailed summary, Transcript
Re HM; PM v KH (2009) EWHC 2685 (Fam) — Best interests case. [Transcript and summary required.]	2010-07-19	2009 cases, Best interests, No summary, No transcript
Re P (2010) EWHC 1592 (Fam) — Derek Paravicini's parents and sister (rather than any independent person) were made joint and several financial and welfare deputies, subject to (1) a condition under s16(5) to consult fully with the RNIB and the county council when considering a move of accommodation; and (2) a requirement under s19(9) to give notice to the public guardian in the event that his earnings exceed £150,000 a year, as at this point he could begin to contribute to the costs of his care while making a profit from a musical career.	2010-07-18	2010 cases, Best interests, Brief summary, Transcript
Re HM; PM v KH (2010) EWHC 1579 (Fam) — In this case PM had removed HM (an incapacitated adult) out of the jurisdiction following a best interests judgment with which he disagreed. This judgment discusses various orders which were made at a subsequent hearing. For orders, including in relation to anonymity/publicity, to be enforceable they must be drafted as injunctions and be clearly worded. The text of the orders is set out in an annex.	2010-07-12	2010 cases, Best interests, Brief summary, Transcript
A Local Authority v Mrs A and Mr A (2010) EWHC 1549 (Fam) — (1) The test for capacity to make decisions as to contraceptive treatment should be applied so as to ascertain the woman's ability to understand and weigh up the immediate medical issues surrounding contraceptive treatment ("the proximate medical issues"), including: (i) the reason for contraception and what it does (which includes the likelihood of pregnancy if it is not in use during sexual intercourse); (ii) the types available and how each is used; (iii) the advantages and disadvantages of each type; (iv) the possible side-effects of each and how they can be dealt with; (v) how easily each type can be changed; and (vi) the generally accepted effectiveness of each. (2) Questions do not need be asked as to the woman's understanding of what bringing up a child would be like in practice; nor any opinion attempted as to how she would be likely to get on; nor whether any child would be likely to be removed from her care. (3) Mrs A did understand the proximate medical issues. (4) ..→	2010-07-08	2010 cases, Best interests, Brief summary, Transcript
DH NHS Foundation Trust v PS (2010) EWHC 1217 (Fam) — (1) It was in PS's best interests to undergo a hysterectomy, and removal of the fallopian tubes and ovaries, in order to treat her endometrial cancer. (2) If, given her hospital and needle phobia, sedation or force were necessary to convey her to hospital, then that would be in her best interests. (3) It would be necessary to detain her in hospital for post-operative recovery; as it was in her best interests to have the operation, it was in her best interests to recover appropriately from it. In the circumstances, the court authorised the deprivation of liberty and it was unnecessary to invoke the DOL Safeguards.	2010-05-26	2010 cases, Best interests, Brief summary, Transcript
City of Westminster v FS (2009) COP 11685959 — Successful appeal by Official Solicitor against rejection of application to instruct independent social worker.	2010-05-11	2009 cases, Best interests, Brief summary, Transcript
Re HM; PM v KH (2010) EWHC 870 (Fam) — The case involved the abduction of P by his father to Israel in contravention of a best interests declaration. The judgment describes the various orders which were made to secure the return of P. Discussion of court's powers in relation to adults lacking capacity. The court has exactly the same powers when it is concerned to locate the whereabouts of a missing or abducted adult lacking capacity as when concerned to locate the whereabouts of a missing or abducted child.	2010-05-11	2010 cases, Best interests, Detailed summary, Transcript
M v B (2005) EWHC 1681 (Fam) — Injunction granted to prevent P being taken to Pakistan for arranged marriage. [Summary required.]	2010-05-01	2005 cases, Best interests, No summary, Transcript
LB Enfield v SA (2010) EWHC 196 (Admin) — (1) Hearsay evidence is admissible in the Court of Protection. (2) This includes hearsay from a witness who is incompetent by reason of mental disability; however, this lack of competence is an important factor when evaluating the weight to be attached to the evidence. (3) Where P has been interviewed by police in an ABE interview, the DVD should be disclosed to the parties: in general, it would be justified for the Court of Protection to make a "specific disclosure" order under r133(3) requiring "full and frank disclosure" of all relevant material. (4) Where there are extant COP proceedings then, in the absence of an absolutely pressing emergency, any question of interviewing P must be subject to a direction of the judge; initially it may be raised without notice to a party about whom allegations relate, but P's litigation friend should always be given notice. (5) Once findings of fact have been made the case is part heard and the trial should not resume before a different judge.	2010-04-15	2010 cases, Best interests, Brief summary, Transcript
SSNI, Re Judicial Review (Oswald Brown) (2006) NIQB 94 — It was lawful for the hunger-striking prisoner, who lacked capacity, to be given nutrition.	2010-01-12	2006 cases, Best interests, Brief summary, Northern Irish cases, Transcript
Re Allen (2009) COP 21/7/09 — Under MCA 2005 s4(7) any best interests decision-maker "must take into account, if it is practicable and appropriate to consult them, the views of" various categories of individuals. Where any attempt at consultation will inevitably be unduly onerous, futile, or serve no useful purpose, it cannot be in P’s best interests, and it would be neither practicable nor appropriate to embark on that process in the first place.	2009-12-14	2009 cases, Best interests, Detailed summary, No transcript
Law Hospital NHS Trust v Lord Advocate (1996) ScotCS CSIH 2 — "The purpose of these proceedings is to obtain the sanction of the court to the termination of nutrition and hydration and all other life sustaining treatment to a patient at Law Hospital." [Summary required.]	2009-11-30	1996 cases, Best interests, No summary, Scottish cases, Transcript
Re RB (A Child) (2009) EWHC 3269 (Fam) — Transcript of judge's sentencing remarks, endorsing the parties' agreement that administration of a large dose of sedative, the removal of the ventilation tube and consequent death (rather than discharge from hospital on home ventilation after a tracheostomy) were in the baby's best interests.	2009-11-16	2009 cases, Best interests, Brief summary, Transcript
NHS Hospital Trust v A (a child) (2007) EWHC 1696 (Fam) — Bone marrow transplant on baby lawful despite parents' refusal to consent.	2009-10-29	2007 cases, Best interests, Brief summary, Transcript
KD and LD v LB Havering (2009) EW Misc 7 (EWCOP) — At a hearing which was expected to be merely interlocutory, the DJ made final orders as to capacity and residence, and appointed the local authority as personal welfare deputy. (1) The power to deal with cases summarily exists but was exercised unlawfully in this case. It is to be exercised as an alternative to a hearing, for example in an emergency or where little or no contest is anticipated. It is unlikely to be exercised appropriately where there is a serious issue or potential issue as to the appropriateness of deprivation of liberty and so where Articles 5 and 6 are potentially engaged. The DJ had achieved an impermissible hybrid, in the course of a hearing exercising powers potentially available to the Court instead of a hearing. (2) A summary decision of best interests must be made by reference to the evidence and the matters in MCA 2005 s4, but this exercise was not fully carried out. (3) There was a breach of procedural fairness and Article ..→	2009-10-29	2009 cases, Best interests, Detailed summary, Transcript
Bury Metropolitan Borough Council v D (2009) EWHC 446 (Fam) — It was lawful for the local authority to remove a child from its mother immediately at birth without informing the mother of its intentions.	2009-10-08	2009 cases, Best interests, Detailed summary, Transcript
Re GC (2008) EWHC 3402 (Fam) — (1) The principle governing State intervention under the Mental Capacity Act 2005 is the same as under the Children Act 1989, namely that the State does not interfere in the private family life of an individual unless the continuance of that private family life is clearly inconsistent with the welfare of the person whose best interests the court is required to determine. (2) The closer the person is to having capacity the more weight his views are to be given. (3) Contrary to the professional evidence, it was in GC's best interests to return home as an interim measure: this decision was reached having regard to (a) the concept of least intervention, (b) GC's consistently-expressed wishes and feelings, (c) a finding that a trial at home was necessary and now was the best time, and (d) the importance of the emotional, as opposed to physical, component of best interests to very elderly (or young) people.	2009-08-15	2008 cases, Best interests, Brief summary, Transcript
Re OT (2009) EWHC 633 (Fam) — OT, a nine-month-old baby, required continuous ventilation to live, and sometimes required further intensive medical treatment; the trust wanted to discontinue ventilation and treatment on the basis of the distressing and futile nature of the treatment; the parents wanted all steps to be taken to sustain life. (1) Although the application itself was made in an emergency as a result of a sudden deterioration in the child's condition, the parents had a fair opportunity to prepare their case both before and during the hearing; there was therefore no flaw in the process breaching Convention rights. (2) The provision or withdrawal of treatment for a child without parental consent, save in exceptional cases, is unlawful without a court declaration.* (3) Declarations were made permitting the clinicians to treat OT according to their clinical discretion (including not escalating treatment) and to cease ventilation immediately.	2009-05-21	2009 cases, Best interests, Brief summary, Transcript
Re OT (A Child) (2009) EWCA Civ 409 — The judge's refusal of the parents' adjournment application, and the decision to proceed with a determination of best interests of their child, was not appealable.	2009-05-18	2009 cases, Best interests, Brief summary, Transcript
NHS Trust v T (2004) EWHC 1279 (Fam) — The patient lacked capacity, based on medical opinion and the content of her advance directive refusing treatment; interim declaration made that blood transfusion in emergency would be in patient's best interests.	2009-04-12	2004 cases, Best interests, Brief summary, Transcript
R (Burke) v General Medical Council (2005) EWCA Civ 1003 — Artificial nutrition and hydration.	2009-04-12	2005 cases, Best interests, No summary, Transcript
R (Burke) v General Medical Council (2004) EWHC 1879 (Admin) — Artificial nutrition and hydration.	2009-04-12	2004 cases, Best interests, No summary, Transcript
Re F (Adult Patient) (2000) EWCA Civ 3029 — Court's jurisdiction.	2009-04-12	2000 cases, Best interests, No summary, Transcript
Re S and S (Protected Persons); C v V (2008) EWHC B16 (Fam) — (1) Under the Mental Capacity Act 2005, there is a presumption in favour of implementing P's wishes unless they are irrational, impractical, or irresponsible (with reference to resources), or there is a sufficiently countervailing consideration. (2) The appointment of donees jointly (rather than jointly and severally) under a power of attorney created the presumption that the donors wanted decisions made jointly or by neither appointee. (3) Mr and Mrs S's wishes (that if both daughters were unable to act jointly then neither should act singly) would be implemented, and an independent Deputy would be appointed.	2009-02-22	2008 cases, Best interests, Detailed summary, Transcript
St Helens Borough Council v PE (2006) EWHC 3460 (Fam) — In cases involving the doctrine of necessity a declaration in the form of "it is lawful, being in [PE's] best interests..." is appropriate, as it is the best interests of the vulnerable adult which determine lawfulness; however, in other circumstances under the inherent jurisdiction a bare declaration in the form of "it is in [PE's] best interests..." is appropriate.	2009-01-17	2006 cases, Best interests, Brief summary, Transcript
A v A Health Authority (2002) EWHC 18 (Fam) — The nature of the case determined the court in which a case concerning the welfare of children or incompetent adults should be litigated: the review of a decision of a public authority by way of JR in the Admin Court; best interests cases in the Family Division. In best interests proceedings the court cannot compel a public authority to exercise its public law functions in a certain way.	2008-12-30	2002 cases, Best interests, Detailed summary, Transcript
Re A (Medical Treatment: Male Sterilisation) (2000) 1 FLR 549, (2000) 1 FCR 193 — It would not be in the best interests of A, who lacked capacity to make the decision, to be sterilised, while the current level of supervision continued; best interests are not limited to best medical interests but encompass medical, emotional and all other welfare issues.	2008-12-30	2000 cases, Best interests, Detailed summary, Transcript
Re A (Children) (Conjoined Twins: Surgical Separation) (2000) EWCA Civ 254 — (1) The operation to separate Siamese twins, both of whom would otherwise shortly die, would clearly be in Jodie's best interests, but would kill Mary; the court must perform a balancing exercise in determining what was in the twins' best interests, regardless of the parents' religious objections; the scales come down heavily in Jodie's favour. (2) The operation would be lawful in criminal law, under the doctrine of necessity, and as the primary purpose was not to kill Mary	2008-12-30	2000 cases, Best interests, Detailed summary, Transcript