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 five cases this month:
- Mundell v (Name 1) provides guidance on the extent to which capacity to marry requires an appreciation of the financial implications of divorce.
- In A North East Local Authority v AC, the Court of Protection found a return home was not in the person’s best interests, but required the local authority to find a better placement than it was already providing.
- In Lincolnshire County Council v AB the court decided it was not in AB’s best interests to have contact with sex workers facilitated.
- In London Borough of Croydon v CB the court made an interim order under section 48 of the Mental Capacity Act 2005 approving a care plan in relation to a man who was living in conditions amounting to extreme self-neglect.
- DL v London Borough of Enfield involved a challenge to the Court of Protection as to its powers in deprivation of liberty cases.
In news and guidance, a Local Government Ombudsman report has been published into a failure to review a care plan, and the Joint Committee on Human Rights’ has released a report into the human rights of people with a learning disability and/or autism in mental health hospitals.