Case Law and Legal Summaries
Case Law and Legal Summaries: monthly overview and analysis of selected cases, highlighting implications and recommendations for practice.
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There are four cases this month. In East Lancashire Hospitals NHS Trust v PW the court had to decide on the capacity and best interests of a man to refuse a leg amputation, and in London Borough of Hackney v SJF it was in a woman’s best interests to move to different accommodation notwithstanding her desire to return home to live with her son. In DCC v MLH it was made clear that permission from the Court of Protection is required before obtaining the DNA of a person without capacity for a paternity test. Finally, in Hounslow CCG v RW the court was careful to make sure that aggressive behaviour by the son of a man without mental capacity was seen in the context of the excellent care that he was also providing.