Victoria Butler-Cole and Josephine Norris consider five key judgments of the Court of Protection in 2011

The Court of Protection has generated a steady stream of case law dealing with the many and varied elements of the Mental Capacity Act 2005. Here we look back over the past year and highlight five of the most interesting cases decided in 2011.


Blurred boundaries


The first three cases concern deprivation of liberty. The MCA contains detailed provisions concerning the circumstances in which it may be lawful to deprive an incapacitated person of his or her liberty for the purposes of article 5 ECHR. Schedule A1 of the Act sets out a self-contained scheme for the authorisation of deprivations of liberty by local authorities and primary care trusts. The Court of Protection is able ...

Jean Yves

IICJ

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