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 7 cases this month. United Lincolnshire Hospitals NHS Trust v CD involved a pre-emptory declaration as to a pregnant woman’s birthing plan. Re AB involved an appeal against a Court of Protection judgment authorising an abortion against a pregnant woman’s wishes. Birmingham City Council v SR concerns deprivations of liberty for those conditionally discharged under the Mental Health Act 1983. Jamous v Mercouris clarifies the law about the appointment of litigation friends and illustrates a general point about best interests. London Borough of Tower Hamlets (No 2) develops the law pertaining to consent to sexual relations and contains an important statement of general principle with regard to court-developed tests of particular mental capacities. Royal Borough of Greenwich v CDM (No 2) introduces a useful method of approaching questions of fluctuating capacity. Finally, and unusually, Bashir v Bashir contains an error of law that should be avoided.
In news and guidance, a report by the All-Party Parliamentary Group on Social Work and the British Association of Social Workers on Social Workers and a New Mental Health Act.