Specialists
This page contains news and articles about our research on the Court of Protection for specialists – such as lawyers or health and social care professionals practising in this area, or researchers.
Posted on 28 September 2017 by Lucy Series
The Court of Protection (CoP) was established in 2007 by the Mental Capacity Act 2005 (MCA) to adjudicate on questions relating to mental capacity and best interests. It has an important and growing jurisdiction over decisions concerning the health, welfare and liberty of people with mental disabilities such as dementia, learning disabilities, brain injuries and
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Posted on 16 February 2017 by Lucy Series
When can decisions affecting people’s fundamental human rights be made by social workers and doctors under the Mental Capacity Act 2005, and when should they be made by the Court of Protection? When cases get to court, how should the person the case is about be represented? Should they always be able to meet the
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Posted on 23 April 2015 by Lucy Series
The Court of Protection is often described in the media as a ‘secret court’, because it typically sits in private and reporting restrictions often prohibit the publication of information about cases. Yet because the court deals with highly sensitive and personal issues, it is also important that the privacy of litigants is protected. This can lead
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Posted on 29 January 2015 by Lucy Series
The Court of Protection (CoP) was established by the Mental Capacity Act 2005 (MCA) to adjudicate on issues relating to mental capacity and best interests. It can also determine questions relating to MCA deprivation of liberty safeguards (DoLS) authorisations issued by supervisory bodies, and authorize deprivation of liberty in hospitals and care settings. We requested
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Posted on 31 October 2014 by Lucy Series
The Department of Health has recently consulted on a new draft Code of Practice for the Mental Health Act. Professor Phil Fennell and Dr Lucy Series have written a response to the draft Code, raising concerns about its guidance concerning Electroconvulsive Therapy (ECT). The draft Code states at paragraph 13.51 that: Currently, there is no requirement for
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Posted on 11 September 2014 by Lucy Series
The accessibility of the Court of Protection is one of three strands of research in our project about welfare cases (the others being efficiency and transparency). A key element of ‘accessibility’ is how effectively the relevant person can participate in proceedings that are about them. As part of this strand of our research, Lucy Series
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Posted on 5 March 2014 by Lucy Series
Welcome to our new website about a research project at Cardiff Law School on Welfare Cases in the Court of Protection. The Court of Protection is a new court which was created under the Mental Capacity Act 2005 (MCA) to deal with disputes or concerns about issues relating to a person’s mental capacity and best
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