Court Of Protection Newsletter - June 2021

• Published date: 28 July 2021
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Hill Dickinson
• Author: Hill Dickinson

Welcome

To this second edition of our COP newsletter for 2021. The courts have been busy, as can be seen from the newsletter and other cases reported on Bailii and the Court of Protection Hub.

As an addendum to the brief article on 'Hybrid Courts', the president of the Family Division, Sir Andrew McFarlane, launched a two-week rapid consultation on remote, hybrid and in-person hearings on 10 June 2021 (consultation closed 27 June 2021). This consultation will focus on the recovery following the Covid-19 pandemic, identifying good practice from remote and hybrid hearings, and providing an evidence base to assist with decision-making on future ways of working. I understand that the findings will be published in time for the president's conference in July 2021, so watch this space.

The DHSC has also, on 11 June 2021, published six more factsheets about the Liberty Protection Safeguards (LPS), which - with my thanks to Alex Ruck-Keene - can easily be accessed by following this link to his website:

While on the subject of LPS, it remains to be seen whether the new proposed implementation date of April 2022 will be met, as we are still waiting for the draft supporting Code of Practice (as part of the overall updated MCA code) and regulations. Nonetheless, there is plenty that can be done in preparation and

we are offering support for planning, training and implementation. Watch out for our webinars in July and October 2021, and February 2022, and do contact the team if you would like to discuss how we can help.

Finally, as always, if there are any particular matters or issues that you would like us to cover in future editions, please let Emma Pollard or me know.

Kiran Bhogal
Partner and Head of Health Advisory London
kiran.bhogal@hilldickinson.com

COURT OF PROTECTION CASES FROM APRIL TO JUNE 2021

Here is a round-up of the key Court of Protection cases from this quarter which we believe our readers will be most interested in. We have highlighted the key issues arising in each case, please follow the links within the case summary to access the full judgment. Contact our team to discuss any particular case in more detail.

Treating anorexia: A Mental Health Trust -v- ER & Anor [2021] EWCOP 32 (30 April 2021)

ER has suffered with an eating disorder in various forms since she was a teenager. She is now 49 years old; over the past two years she has significantly physically deteriorated and is in renal failure.

The parties agreed that ER lacks capacity to make...