Tag: deprivation of Liberty
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Key Considerations for Court of Protection Injunctions
Injunctions are a powerful tool within the Court of Protection’s arsenal, used to prevent actions that may jeopardise the well-being of those who are unable to protect themselves due to a lack of mental capacity. However, the use of such injunctions must be carefully balanced against the rights of those subject to the orders. The…
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Who Decides? Revisiting Decision-Making Authority in Mental Health Following Manchester NHS Trust v JS
Navigating the intricate relationship between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) is fraught with complexity. The recent case of Manchester University Hospitals NHS Foundation Trust v JS & Anor offers vital insight into how these pieces of legislation intersect. This blog post aims to dissect the case and…