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It follows that if, as appears likely, E is detained under the MHA, no jurisdictional issue arises and the Courts interim DOL Order will cease at that point to have effect.
Whereas the DoLS assessors considered that Mr X had capacity.
I conclude, too, that, although he suffers from short term memory problems, he retains sufficient information to be able to deal with planning.
Having previously been detained in hospital under the Mental Health Act 1983, Mr X now found himself detained in a care home.The issue for HHJ Cardinal was whether he lacked capacity to make decisions as to residence, treatment and care.Peter Jackson J held that it was at best doubtful whether a thorough investigation at the time would have reached the conclusion that E had capacity.Comment: The ethical and legal issues arising from this tragic case will no doubt be widely debated for some time to come.A careful balance clearly was struck which differed from that of the care team and Es parents.Naso-gastric feeding has been held to amount to medical treatment for mental disorder in respect of those with anorexia (Re KB (Adult Mental Patient: Medical Treatment) (1994) 19 bmlr 144 personality disorder (B v Croydon Health Authority 1995 1 FLR 470, R v Collins and.Both had a history of being compulsorily detained and treated under the 1983 Act.At the other extreme was an immediate transfer to the countrys leading eating disorder facility where E would be stabilised, fed via nasogastric tube or maturity date for series i savings bonds a PEG tube inserted through her stomach wall.In giving evidence, Mr X showed a tendency to repeat himself: he told the judge the information about his ex-first wife four times.The aim of the Board is to improve outcomes for children by co-ordinating the work of local agencies to safeguard and promote the welfare of children and ensuring the effectiveness of that work.Fluctuating cases seem to be addressed either through the use of interim declarations, using the lower incapacity threshold of reason to believe that P lacks capacity, or the court focuses on capacity at the time the decision has to be made.She felt he had unrealistic expectations as to the future, constantly saying he hoped to remarry his first wife and to live with her.




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