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Channel: Mental Capacity Law and Policy
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Parental consent to the confinement of younger children – again

The vexed question of whether and under what circumstances parents can consent to (or otherwise authorise) the confinement of children under 16 came before HHJ Burrows (sitting as a High Court judge)...

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39 Essex Chambers Mental Capacity Report April 2025

The April 2025 Mental Capacity Report is now out.  Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a masterclass in determining a particularly complex set...

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Book review: Dictionary of the Court of Protection

Book Review: HHJ Carolyn Hilder, DJ Lisa Clarke, DJ Mark Mullins, Gemma Daly, Simon Heapy, Lee Parkhill and Kriti Upadhyay, Dictionary of the Court of Protection (Class Legal 2025, 125 pp, paperback,...

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Serious medical treatment cases and naming clinicians – the Supreme Court...

In the conjoined appeals of Abbasi and Haastrup [2025] UKSC 15, the Supreme Court has grappled with the questions of (1) the jurisdiction of the High Court to grant injunctions providing for the...

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The Court of Appeal explains why local authorities cannot consent to the...

The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J in Re J: Local Authority consent to Deprivation of Liberty [2024] EWHC 1690 (Fam), that it would...

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Terminally Ill Adults (End of Life) Bill developments / resources

On 2 May, the impact assessment, equality impact assessment and human rights memorandum promised by the Government to assist Parliament in its consideration of the Bill were published.  They can all be...

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