July 2015 update

Case law

  • Sterilisation case. The Mental Health Trust v DD [2015] EWCOP 4, [2015] MHLO 50 — "For the reasons set out above, I propose to declare: (i) pursuant to section 15 of the 2005 Act that DD lacks capacity to litigate in relation to the relevant issues; (ii) pursuant to section 15 of the 2005 Act that DD lacks capacity to make decisions in respect of contraception; (iii) pursuant to section 15 of the 2005 Act that it is lawful and in DD's best interests to undergo a therapeutic sterilisation and authorise the applicants' staff to do so, together with the provision of all ancillary care and treatment; Further, (iv) subject to certain safeguards (more fully set out in the care plan and reflected in the proposed draft order) being required, I propose to authorise the applicants to remove DD from her home and take steps to convey her to hospital for the purposes of the sterilisation procedure, and authorise the use of reasonable and proportionate measures to ensure that she is able to receive the said treatment even if any deprivation of liberty is caused by the same; (v) I authorise the applicants to take such necessary and proportionate steps to give effect to the best interests declarations above to include, forced entry and necessary restraint, and authorise that any interferences with DD's rights under Article 8 of the ECHR as being in her best interests."§
  • Criminal injuries compensation case. Newcastle City Council v PV [2015] EWCOP 22, [2015] MHLO 51 — "This judgment considers the role of the Court of Protection in connection with applications to the Criminal Injuries Compensation Authority ('CICA'). In particular, it looks at cases in which the CICA requires a trust to be created in order to exclude any possibility that the assailant may benefit from the compensation award. These cases arise almost exclusively in the context of domestic violence, where the assailant is a family member." [See appeal decision.]§
  • Deputyship case. Re HC: Public Guardian v CC [2015] EWCOP 29, [2015] MHLO 55 — "This is an application by the Public Guardian for an order under section 16(8) of the Mental Capacity Act 2005 revoking the appointment of a deputy because he has behaved in a way that contravenes the authority conferred on him by the court or is not in the best interests of the person for whom he acts as deputy."§

Website and CPD

  • CPD scheme. Obtain 12 SRA-accredited CPD points for £60 (also compatible with the SRA's new CPD regime). Suitable for non-lawyers as well. See CPD scheme for details.
  • MHLO Annual Review 2014. Each year an Annual Review is published, which contains all news items, arranged thematically, which were added to Mental Health Law Online during that year. You can support the website by purchasing the Annual Review in paperback or in Kindle format. Additionally, the full text is available online without charge. See the Annual Review page to obtain the 2011-2014 editions.