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Mental capacity

Lesley Barnor Townsend v Epsom and St Helier University Hospitals NHS Trust

The refusal to grant permission to apply under s.50(2) MCA was unlawful because all decisions about withdrawal of life-sustaining treatment from an incapacitated adult must be subject to best interests analysis and, where there is disagreement, court supervision. The Trust's attempt to pre-empt court proceedings by characterising the decision as purely clinical was contrary to established law and guidance. The proper course was to grant permission for the application and remit the matter to the Court of Protection.

Source excerpt

  • Withdrawal of life-sustaining treatment
  • Best interests decision-making
  • Court of protection procedure
  • Article 2 echr obligations
  • Judicial review of clinical decisions
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Mental capacity law [2025] EWCOP 55

XY, In the Matter Of

XY, In the Matter Of [2025] EWCOP 55 (T2) (06 March 2026)

The Court of Protection held that welfare deputies did not have authority over XY’s internet and social media use, and refused to vary the order.

  • Deputyship authority
  • Best interests decision-making
  • Internet and social media use
  • Scope of welfare deputyship
  • Variation of deputyship orders
  • Deputyship-authority
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Mental capacity law [2026] EWCA Civ 195

Townsend v Epsom and St Helier University Hospitals NHS Trust (Rev2)

Townsend v Epsom and St Helier University Hospitals NHS Trust (Rev2) [2026] EWCA Civ 195 (03 March 2026)

The Court of Appeal held that disputes over life-sustaining treatment for an incapacitated patient may require Court of Protection scrutiny, and granted permission to appeal and to apply under s.50 MCA.

  • Withdrawal of life-sustaining treatment
  • Best interests decision-making
  • Clinical decision-making
  • Article 2 echr
  • Court of protection procedure
  • Withdrawal-of-life-sustaining-treatment
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Mental capacity

Cwm Taf Morgannwg University Health Board v RW & Anor

The Health Board failed to comply with its statutory duties under the Mental Capacity Act 2005 by not consulting the LPA prior to making significant decisions about RW's care, which was unlawful. The issue of costs departs from the general rule due to the Health Board's unreasonable conduct in failing to consult the LPA, but does not justify indemnity costs given their early acceptance of responsibility.

Source excerpt

  • Best interests decision-making
  • Lasting power of attorney
  • Hospital discharge
  • End-of-life care
  • Costs in welfare proceedings
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Mental capacity law [2026] EWCOP 10

Cwm Taf Morgannwg University Health Board v RW & Anor

Cwm Taf Morgannwg University Health Board v RW & Anor [2026] EWCOP 10 (T3) (12 February 2026)

The Court of Protection found the Health Board unlawfully failed to consult RW’s lasting power of attorney before treatment decisions, and ordered the Board to pay costs.

  • Best interests decision-making
  • Lasting power of attorney
  • Hospital discharge
  • End-of-life care
  • Unlawful deprivation of nutrition/hydration
  • Costs in welfare proceedings
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Mental capacity law [2025] EWCOP 51

London Borough of Lewisham v SL & Anor

London Borough of Lewisham v SL & Anor [2025] EWCOP 51 (T3) (19 December 2025)

The Court of Protection held that SL should remain at home with her parents under the current care package and paused new placement assessments for six months.

  • Best interests decision-making
  • Deprivation of liberty
  • Care planning for incapacitated adults
  • Respite care
  • Supported living placements
  • Best-interests
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Mental capacity law [2025] EWHC 3273 (Fam)

St George's University Hospitals NHS Foundation Trust v ZT & Anor

St George's University Hospitals NHS Foundation Trust v ZT & Anor [2025] EWHC 3273 (Fam) (12 December 2025)

The High Court held that ZT lacked capacity and granted a declaration that total laparoscopic hysterectomy and bilateral salpingo-oophorectomy was in her best interests.

  • Best interests decision-making
  • Consent to medical treatment
  • Capacity assessment
  • Sterilisation and reproductive rights
  • Mental health act detention
  • Best-interests-decision-making
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Mental capacity law [2025] EWCOP 47

Neath Port Talbot Country Borough Council v CK & Ors

Neath Port Talbot Country Borough Council v CK & Ors [2025] EWCOP 47 (T3) (12 December 2025)

The Court of Protection held that CK’s habitual residence had shifted to Wales, found it was not in his best interests to return to Spain, and appointed the local authority as financial deputy.

  • Habitual residence
  • Best interests decision-making
  • Deprivation of liberty safeguards
  • Jurisdiction of court of protection
  • Appointment of financial deputy
  • Habitual-residence
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Mental capacity law [2025] EWCOP 41

BV, Re (Medical Treatment - Renal Cancer: Nephrectomy)

BV, Re (Medical Treatment - Renal Cancer: Nephrectomy) [2025] EWCOP 41 (T3) (20 November 2025)

The Court of Protection held that BV lacked capacity to decide on a nephrectomy for suspected renal cancer and authorised surgery in his best interests.

  • Medical treatment without consent
  • Best interests decision-making
  • Capacity assessment
  • Use of restraint
  • Transparency orders
  • Mental-capacity-law
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Mental capacity

TIRE (by her Litigation Friend LK) v Carmarthenshire County Council

TE lacks capacity to decide her residence and care due to vascular dementia. Despite her strong wish to return home, the evidence shows she cannot safely do so, and previous attempts failed. The court finds that remaining in the care home is in her best interests, as it provides necessary care, safety, and quality of life that cannot be replicated at home. The deprivation of liberty is lawful and proportionate under the Mental Capacity Act 2005 and Article 5 ECHR.

Source excerpt

  • Deprivation of liberty safeguards
  • Best interests decision-making
  • Capacity assessment
  • Article 5 echr
  • Article 8 echr
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.