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England and Wales Case Law

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Mental capacity

HDEB, Re

It is not in HDEB's best interests to appoint JB and SB as personal welfare deputies because collaborative decision-making has worked and will continue to work in his best interests, and appointment would unnecessarily infringe his autonomy. For major disagreements, the court should resolve them rather than deputies.

  • Appointment of deputies
  • Best interests
  • Autonomy
  • Collaborative decision-making
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Mental capacity

Alison Parr v Cheshire East Council & Anor

The Court of Protection granted Alison Parr personal welfare deputyship for her adult daughter Ruby and varied reporting restrictions to permit naming the family.

  • Deputyship
  • Best interests
  • Transparency orders
  • Capacity assessment
  • Personal-welfare-deputyship
  • Court-of-protection
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Mental capacity law [2026] EWCOP 21

PB, Re (Appeal: Best Interests: Restrictions on Contact in a Care Home)

PB, Re (Appeal: Best Interests: Restrictions on Contact in a Care Home) [2026] EWCOP 21 (T2) (14 May 2026)

Court of Protection appeal about best interests and contact restrictions in a care home. The court upheld supervised, limited contact to avoid jeopardising PB’s only available placement.

  • Best interests
  • Contact restrictions
  • Care home regulation
  • Article 8 echr
  • Section 73 care act 2014
  • Regulation 9a health and social care act 2008 (regulated activities) regulations 2014
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Mental capacity law

SB v PB: Appeal: Best interests: Restrictions on contact in a care home

Court of Protection appeal over supervised contact in a care home dismissed; the judge upheld restrictions to preserve PB’s only available placement.

  • Best interests
  • Restrictions on contact
  • Care home placement
  • Article 8 echr
  • Section 73 care act 2014
  • Regulation 9a health and social care act 2008 (regulated activities) regulations 2014
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Human rights [2026] EWCOP 20

EF v The London Borough of Hackney & Anor

EF v The London Borough of Hackney & Anor [2026] EWCOP 20 (T3) (05 May 2026)

Appeal dismissed against refusal to discharge a Court of Protection Transparency Order preserving anonymity and reporting restrictions in P’s welfare proceedings.

  • Transparency order
  • Reporting restrictions
  • Article 8 echr
  • Article 10 echr
  • Proportionality
  • Freedom of expression
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Mental capacity [2026] EWCOP 19

Bristol City Council v CC & Ors

Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) (30 April 2026)

The Court of Protection made final declarations on CC’s capacity, held his care arrangements amount to a deprivation of liberty, and authorised ongoing best-interests care plans.

  • Capacity assessment
  • Deprivation of liberty
  • Best interests
  • Care arrangements
  • Contact with others
  • Property and financial affairs
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Mental capacity law [2026] EWCOP 18

Lancashire CC v BC & Anor (Capacity: Residence and Engagement in Sexual Relations)

Lancashire CC v BC & Anor (Capacity: Residence and Engagement in Sexual Relations) [2026] EWCOP 18 (T3) (15 April 2026)

The Court of Protection considered BC’s capacity to decide on residence and sexual relations, finding she lacked capacity for residence but had capacity to engage in sexual relations.

  • Capacity to make decisions
  • Residence decisions
  • Sexual relations and consent
  • Fluctuating capacity
  • Best interests
  • Vulnerability and safeguarding
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Mental capacity

SJ v Cardiff & Vale University Health Board & Anor

SJ lacks capacity to conduct proceedings, manage diabetes, and make decisions about care and support due to schizophrenia-related delusional beliefs and avolition. She has capacity to decide where to live only between options assessed as meeting her needs. The risks of a trial at home are unacceptably high and cannot be mitigated; continued residence at Z Placement with current care is in her best interests. Deprivation of liberty is necessary, proportionate, and authorised.

  • Capacity assessment
  • Best interests
  • Deprivation of liberty
  • Diabetes management
  • Supported living
  • Litigation capacity
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.