header-logo header-logo

NLJ this week: Surreptitious medication & the Court of Protection

20 January 2023
Issue: 8009 / Categories: Legal News , Court of Protection , Mental health
printer mail-detail
107045
Barrister Dr Laura Davidson explored the murky legal world of covert medication and the lack of legal safeguards surrounding these, in the second part of her series on Court of Protection practices, in this week’s NLJ.

Davidson, of No5 Chambers, specialises in mental health and capacity law. Here, she looks into a specific case (Re A (Covert medication: closed proceedings [2022] EWCOP 44). Having set down a detailed history of the case in the first part of her article, she now covers the hearing ‘following disclosure of the surreptitious medication duplicity’, reflects on the lawfulness of excluding the mother of the young woman at the centre of the case and discusses the practice of covert medication itself.

The court had previously held that contact between the mother and daughter was not in the daughter’s best interests due to the risk of adverse influence, but in the meantime hormone treatment was given. What safeguards exist in this situation? It can lead to a complicated situation for the court. Davidson writes: ‘Poole J’s strange decision to inform B and her lawyers of the non-disclosure only at the start of B’s application for A’s return home was an unnecessary ambush, unsurprisingly leading to an adjournment for B to properly consider the issues and documentation.’

Read Pt 2 in full here.

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll