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 six cases this month. London Borough of Tower Hamlets v NB indicates that the test for capacity to consent to sexual relations might soon be modified for people in established relationships. Patel v Arriva Midlands shows that deception by the assessed person can undermine a finding of incapacity. University Hospitals of Derby and Burton NHS Foundation Trust v J and Harrow CCG v IPJ & Others concerned best interests in the context of medical treatment and a care plan. R (Maguire) v HM Senior Coroner for Blackpool and Fylde concerned failures in care and directions by a coroner during an inquest in relation to the right to life and neglect. Finally, PBM v TGT involved a decision as to whether a man should be told about the extent of his financial assets.
In News and Guidance this month, the British Psychological Society has published guidance on capacity assessment and capacity to consent to sexual relations, and the Care Quality Commission has published an interim report on restraint, seclusion, and segregation.