Last week’s Court of Appeal judgment in A Local Authority v JB, changes the way in which lawyers, social care professionals and others should approach mental capacity concerning sexual relations.
Court of Protection related news
What is best practice for local authorities delivering Care Act 2014 services during the COVID-19 pandemic?The Coronavirus Act (“CVA 2020”) has fundamentally altered local authorities’ duties under the Care Act 2014 (“CA 2014”). However, a day after the changes came into effect the government released statutory guidance, which has significantly tempered the changes imposed by the CVA 2020.
Unlike the Care Act 2014, the Mental Capacity Act 2005 (“MCA 2005”) and the Deprivation of Liberty Safeguards (“DoLS”) have not been altered by the Coronavirus Act 2020 (“CVA 2020”).[1] Therefore the challenges for practitioners concern the practicalities of how the existing regime applies during the COVID-19 crisis, rather than new legislative changes.
Application by P’s daughter for declaration following care home moratorium on family visits in the light of COVID-19. Moratorium upheld despite human rights implications.
Care providers and supervisory bodies responsible for DoLS requests need to be aware that the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards have not been changed by the Coronavirus Act 2020. They continue to apply in full.
Amid the current public health crisis, the Coronavirus Act 2020 has relaxed Care Act requirements for local authorities to assess or meet social care needs. But how should local authorities approach this “easement” relating to meeting needs?
It was in the interests of AB to be fitted with an intrauterine contraceptive device when she underwent a caesarean section with a spinal anaesthetic.
The Supreme Court has today handed down judgment in the case of Re D (A Child).
Christine Cooper appeared before Mr Justice Cobb yesterday on an application by a local authority for orders under the inherent jurisdiction to enable it to provide care for a vulnerable adult who had last been assessed as having the capacity to make his own decisions.