Updates

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Recent updates on website

For details of recent news items, please see the MHLO updates forum category.

• 13/08/25
  (1217)
  : Case (Death). Hillingdon Hospitals NHS Foundation Trust v YD (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3) — The trust sought orders to permit them to withdraw CANH. This was opposed by the patient's fiancée and partner (who had not known of each other's existence before his hospitalisation) and the Official Solicitor. The judge concluded that it was in the patient's best interests for CANH to continue, largely because of the patient's past beliefs in spirituality etc.

• 18/07/25
  (1800)
  : Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 152, July 2025) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: what to do when an advance decision to refuse treatment may be in play, and the consequences of the gaps between services for those with disordered eating; (2) In the Property and Affairs Report: capacity in the rear view mirror: how does the presumption work?; (3) In the Practice and Procedure Report: disclosing position statements to observers; habitual residence, moving jurisdictions and ‘lawful authority;’ and the impact on P of being assessed; (4) In the Mental Health Matters Report: progress of the Mental Health Bill and the tort consequences of a finding of Not Guilty by Reason of Insanity; (5) In the Children’s Capacity Report: a depressing snapshot from the national DoL court, human rights of children in the social care system and capacity and gender-affirming treatment; (6) In the Wider Context Report: the Oliver McGowan statutory learning disability and autism training, and the pitfalls of facilitated communication (7) In the Scotland Report: joint attorneys in dispute: appropriate remedies and; “If at first you don’t succeed ...”: res judicata in tribunal proceedings."

• 03/07/25
  (2128)
  : Case (No complaint without consent). West Sussex County Council (24 017 091) [2025] MHLO 15 (LGSCO) — Ombudsman's summary: "We will not investigate this complaint about the Council’s response to safeguarding and other actions relating to Mrs X’s mental capacity assessment. This is because we do not have consent from Mrs X to investigate, and nor do we believe Mrs Y can make a complaint about these actions, on Mrs X’s behalf, as her representative."

• 03/07/25
  (2126)
  : Event. Court of Protection User Group: Property and affairs meeting (online, 9 July 2025) — This meeting will be held at 2pm via Teams. Contact Natalie Cheesewright (Natalie.Cheesewright@Justice.gov.uk) if you wish to attend.

• 03/07/25
  (2122)
  : Minutes. COP User Group, 'Meeting (P and A): Minutes and action points' (22 January 2025) — Minutes and action points from meeting.

Monthly updates

The relevant month's updates, categorised and on one webpage:

• July 2025 update
• June 2025 update
• May 2025 update

• Archive of monthly updates