A judge has set out a way forward for the Court of Protection to grapple with the difficult issue of fluctuating capacity, writes Alex Ruck Keene.

A Court of Protection judge recently considered applications for welfare orders for a man in his sixties made by his children who had brought him back from Spain, against the wishes of his second wife. Sophy Miles analyses the outcome.

The following Local Government guidance note, produced in partnership with Ros Ashcroft of DAC Beachcroft and Stephanie Townley of Addleshaw Goddard LLP provides comprehensive and up to date legal information covering local authority duties towards social care.

A Court of Protection judge recently considered the question of the appointment of a relevant person's representative (RPR) in the context of attorneyship. Alex Ruck Keene examines the outcome.

A Court of Protection judge recently criticised a council for "chilling" failures to comply with the Mental Capacity Act. Sophy Miles explains why.

Kevin Chan explains how his local authority recently used the Anti-social Behaviour, Crime and Policing Act 2014 to safeguard a vulnerable man from abuse using a civil injunction.

In December 2019, the Care Quality Commission brought its first prosecution against a local authority. Lorna Kenyon said the case demonstrates the importance of considering whether to admit or contest a prosecution at an early stage.

In a recent case the Vice-President of the Court of Protection made some important comments in relation to case management. The CoP team at 39 Essex Chambers reports.

A judge was recently asked to resolve a case where there was disagreement as to the jurisdictional basis upon which the Court of Protection was being invited to impose care on a man against his will as being in his best interests. The Court of Protection team at 39 Essex Chambers analyse the ruling.

A recent case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty, writes Alex Ruck Keene.

The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.

Hope Davis-McCallion examines how the Court of Protection approached deciding whether a woman had capacity to make decisions about the management of her diabetes. In Royal Borough of Greenwich v CDM [2019] EWCOP32, the court had to decide whether the assessment of capacity to make decisions about diabetic management is one macro-decision which encompasses all of the many micro-decisions that CDM…

The Court of Protection team at 39 Essex Chambers analyse the second in two rulings by Mr Justice Cobb on the inherent jurisdiction.

Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory…

The Supreme Court has handed down a much-anticipated judgment on 16-17 year olds, deprivations of liberty and parental consent. Alex Ruck Keene explains the ruling and sets out some practical implications.

Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.

The Court of Protection team at 39 Essex Chambers report on the outcome of a ruling dealing with streamlined Re X applications made by two local authorities.

Alex Ruck Keene looks at the lessons to be learned from the latest Court of Protection to address the issue of fluctuating capacity.

A judge recently rejected an application by the Official Solicitor for a London borough to pay its costs in proceedings under Section 21A of the Mental Capacity Act 2005. The Court of Protection team at 39 Essex Chambers analyse the judgment.

Aaqib Javed rounds up the latest Court of Protection cases including a ruling on the appointment of personal welfare deputies.