Insights: Court of Protection

The High Court awards 80% costs to the Official Solicitor against an NHS Trust who failed to act swiftly to bring a treatment case before the Court.

The case of SM (Peterborough City Council v Mother & Ors [2024] EWHC 493 (Fam) (06 March 2024)) is a potentially significant deprivation of liberty case.

Section 117 of the Mental Health Act 1983 ("MHA") imposes a joint duty on Integrated Care Boards ("ICBs") and Local Authorities ("LAs") to work with voluntary agencies to provide after-care services for anyone discharged from detention under section 3, section 37, section 45A, section 47 or section 48 of the MHA when they leave hospital[1].

This article revisits the significant changes and ongoing challenges in care homes following the landmark Cheshire West ruling.

The Supreme Court has now handed down judgment in Maguire which looked at the engagement of Article 2 in relation to those who lack mental capacity and rely on others for care and treatment.

On 4th July 2022, the Government launched the new National Deprivation of Liberty Court ('NDOLC'), in an attempt to address the increasing number of applications in relation to authorisation of the deprivation of a child's liberty.