Insights: Court of Protection

Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.

Hoarding continues to be a serious issue for Social Housing Providers, given the health and safety risks it poses to residents (both of the hoarded property and neighbours), and the difficulty in tackling what can be deep rooted psychological compulsive disorder.

The High Court awards 80% costs to the Official Solicitor against an NHS Trust who failed to act swiftly to bring a treatment case before the Court.

Section 117 of the Mental Health Act 1983 ("MHA") imposes a joint duty on Integrated Care Boards ("ICBs") and Local Authorities ("LAs") to work with voluntary agencies to provide after-care services for anyone discharged from detention under section 3, section 37, section 45A, section 47 or section 48 of the MHA when they leave hospital[1].

This article revisits the significant changes and ongoing challenges in care homes following the landmark Cheshire West ruling.

The Supreme Court has now handed down judgment in Maguire which looked at the engagement of Article 2 in relation to those who lack mental capacity and rely on others for care and treatment.

On 4th July 2022, the Government launched the new National Deprivation of Liberty Court ('NDOLC'), in an attempt to address the increasing number of applications in relation to authorisation of the deprivation of a child's liberty.