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Information for "A Midlands NHS Trust v RD (2021) EWCOP 35"

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Display titleA Midlands NHS Trust v RD [2021] EWCOP 35
Default sort keyA Midlands NHS Trust v RD (2021) EWCOP 35
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Page imageEssex newsletter 114.pdf

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Page creatorJonathan (talk | contribs)
Date of page creation08:12, 30 May 2021
Latest editorJonathan (talk | contribs)
Date of latest edit10:22, 30 March 2022
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The Trust had decided not to treat RD's anorexia compulsorily under the MHA (even though that might, in the short term, prevent her death) and applied to the Court of Protection for legal protection. The court decided she lacked the relevant capacity and that further compulsory treatment was not in her best interests ("I am removing any threat of compulsion or compulsory admission to hospital under the Mental Health Act from RD"). The declarations were made under the inherent jurisdiction (as well as the MCA) since questions involving the MHA involve public law matters, in particular that doctors have to take into account the safety of the public.
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