Public law / local government news

October 31, 2017 Jonathan Cowen & Eleanor Sibley successful in appeal to the Court of Appeal on the question of whether parental consent has any role to play in deprivation of liberty applications concerning 16-17 year olds

Jonathan Cowen and Eleanor Sibley successfully represented Birmingham City Council in the Court of Appeal in an appeal against a decision of the Court of Protection that a 16 year old disabled child (D), who lacked capacity to make decisions about his residence and care, was deprived of his liberty in a residential placement in […]

May 02, 2017 Alistair Cantor considers MR v SR, a case which serves as a cautious reminder that the general rule that parties bear their own costs in Court of Protection proceedings, can be displaced in cases of unreasonable conduct.

M, the daughter of N, a 68-year-old female, brought proceedings under s15 of the Mental Capacity Act 2005 for a declaration that it was not in N’s best interests to continue to receive life-sustaining clinically assisted nutrition and hydration via an endoscopic tube.