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Case law knowledge and practice hub

Author: Community Care

Updated Date: 11 November 2024

Publication Date: 17 April 2019

Law Concept. Word on Folder Register of Card Index.

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Learning points

Inform Adults understands the importance of legal literacy among social care practitioners carrying out statutory functions. This is why we have invested in bringing you expert-written case law digests that set out the implications for your practice. This page will be updated as we publish new legal content.

This hub helps you with point 5, mental capacity, of the knowledge and skills statement for social workers working in adults’ services.

Deprivation of liberty

The Cheshire West case [2014] UKSC 19

Deprivation of Liberty Safeguards: AJ and a Local Authority [2015] EWCOP 5

RPRs and lasting powers of attorney: London Borough of Hillingdon v JV [2019] EWCOP 61

Deprivation of liberty under the Mental Health Act: Secretary of State for Justice v MM [2018] UKSC 60 and Welsh Ministers v PJ [2018] UKSC 66

Deprivation of liberty in the family home: Re AEL (Mental Capacity Act 2005) [2021] EWCOP 9

Community deprivation of liberty and representation: Re PQ (Court Authorised DOL: Representation During Review Period) [2024] EWCOP 41 9T3)

Community deprivation of liberty and objective medical expertise: Stockport Metropolitan Borough Council v KB & Ors [2023] EWCOP 58

Community deprivation of liberty and erring on the side of caution: AB [2020] EWCOP 39

Ensuring proper scrutiny of DoLS forms: Re YC [2021] EWCOP 34

Deprivation of liberty and transport: Re Z (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam)

Deprivation of liberty and parental consent: Re D (A Child) [2019] UKSC 42

Deprivation of liberty and parental consent: D (A Child) [2017] EWCA Civ 1695

Unlawful deprivation of liberty: Essex County Council v RF & Ors [2015] EWCOP 1

Safeguarding and unlawful deprivation of liberty: Milton Keynes Council v RR [2014] EWCOP B19 and Somerset CC v P [2014] EWCOP B25

Dol and intensive care: R (Ferreira) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31

Dol and covert medication: AG v BMBC & Another [2016] EWCOP 37

Duties and powers of RPRs and IMCAs in DoLS cases: RD & Others [2016] EWCOP 49

Dol in the community: Barnet LBC V JDO [2019] EWCOP 47

Dol in the community: Re NRA and others [2015] EWCOP 59

Dol in the community: Re MOD [2015] EWCOP 47

Dol in the community: both Re X cases [2014] EWCOP 25 and EWCOP 37

Private sector providers and deprivation of liberty: Staffordshire County Council v SRK & Another [2016] EWCA Civ 1317

Dol at home: W City Council v Mrs L [2015] EWCOP 20

Restrictions on access to social media and deprivation of liberty: Manchester City Council v P (Refusal of Restrictions on Mobile Phone) (Rev1) [2023] EWHC 133 (Fam)

Dol involving children: Re A-F (Children) [2018] EWHC 138 (Fam) and Re A-F (Children) (No.2) [2018] EWHC 2129 (Fam)

Dol of 16/17 year olds and court applications: KL (A Minor: deprivation of liberty) [2022] EWCOP 24

Mental capacity

Alcohol abuse, capacity and sexual relations in the context of a long-term loving relationship: Re PS (Severe Short-Term Memory Loss: Capacity to Engage in Sexual Relations) [2024] EWCOP 42 (T2)

Capacity to engage in sexual relations: A Local Authority v JB [2021] UKSC 52

Capacity assessments post A Local Authority v JB: North Bristol NHS Trust v R [2023] EWCOP 5

Capacity, sexual relations and executive functioning: A Local Authority v ZX [2024] EWCOP 30

Sexual offending and mental capacity: Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44

Mental capacity in relation to sexual relations, contact, contraception and conception: Re EE (Capacity: Contraception and Conception) [2024] EWCOP 5

Contact with others, safeguarding and capacity to engage in sexual relations: Hull City Council v KF [2022] EWCOP 33

Capacity, contact and sexual relations: Re SF [2020] EWCOP 15

Capacity and sexual relations: London Borough of Tower Hamlets v NB and AU [2019] EWCOP 27

Hoarding, capacity and best interests: A Local Authority v X [2023] EWCOP 64

Hoarding and the Mental Capacity Act: AC and GC (Capacity: Hoarding: Best interests) [2022] EWCOP 39

Dissociative identity disorder and fluctuating capacity: Leicestershire County Council v P & Anor (Capacity: Anticipatory declaration) [2024] EWCOP 53 (T3)

The interface between the Mental Health Act and Mental Capacity Act revisited: Manchester University Hospitals NHS Foundation Trust v JS & Anor [2023] EWCOP 12

Interface between MCA and MHA: Northants Healthcare NHS FT v BL [2014] EWCOP 2

Failures to comply with the Mental Capacity Act: TQ & Ors v NHS Birmingham and Solihull Clinical Commissioning Group [2019] EWCOP 58

Capacity to use online and social media: Re A [2019] EWCOP 2 and Re B [2019] EWCOP 3

The Mental Capacity Act, DoLS and public protection: DY v A City Council & Anor [2022] EWCOP 51

Capacity and hospital discharge: Wiltshire County Council v RB & Ors [2023] EWCOP 26

Capacity assessments, care and residence, and “silos”: London Borough of Tower Hamlets v A [2020] EWCOP 21

Capacity and accommodation – giving the person options and avoiding the protective imperative: CC v KK and STCC [2012] EWHC 2136 (COP)

Capacity, alcohol misuse and unwise decisions: London Borough of Tower Hamlets v PB [2020] EWCOP 34

Capacity to accept or refuse care, support and education: A Local Authority v GP [2020] EWCOP 56

Assessing capacity: King’s College Hospital NHS Trust v C [2015] EWCOP 80

Assessing capacity: LBX v K, L & M [2013] EWHC 3230 (Fam)

Parent’s mental capacity: Re D (Children) [2015] EWCA Civ 749

Best interests

The administration of covert medication without the knowledge of the family: A (Covert Medication: Closed Proceedings) [2022] EWCOP 44

Best interests, sign language and moving from the family home: ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12

Bests interests and moving a person abroad: Re UR (Rev 1) [2021] EWCOP 10

The right to die at home with family: VE v AO [2020] EWCOP 23

Best interests and resources: AG v AM [2020] EWCOP 59

Safeguarding, contraception and best interests: An NHS Foundation Trust v AB [2019] EWCOP 45

Appointment of personal welfare deputies: Re Lawson, Mottram and Hopton [2019] EWCOP 22

Termination of pregnancy and best interests: Re AB [2019] EWCA Civ 1215

Serious medical treatment: Wye Valley NHS Trust v B [2015] EWCOP 60

Withdrawal of clinically assisted nutrition and hydration: An NHS Trust v Y [2018] UKSC 46

Available options: N v ACCG and others [2017] UKSC 22

Abortion: An NHS Trust v CS [2016] EWCOP 10

Care Act

The financial crisis and justifying adult social care charging policies: R (YVR) v Birmingham City Council [2024] EWHC 701 (Admin)

Providing recreational activities and holidays under the Care Act 2014: R (BG and KG) v Suffolk County Council [2022] EWCA Civ 1047

Charging for care and support under the Care Act 2014: R (SH) v Norfolk County Council [2020] EWHC 3436 (Admin)

The meaning of “needs” in the Care Act: Antoniak v Westminster City Council [2019] EWHC 3465 (Admin)

Meeting urgent care and support needs: R (Raja and Hussain) v London Borough of Redbridge [2020] EWHC 1456 (Admin)

Consideration of third party evidence and carer’s needs under the Care Act 2014: R (JG) v London Borough of Southwark [2020] EWHC 1989 (Admin)

Personal budgets and education, health and care plans: R (CP) v North East Lincolnshire Council [2019] EWCA Civ 1614

Assessments: R (JF) v Merton LBC [2017] and R (Davey) v Oxfordshire CC [2017] EWHC 1519

Direct payments: R (Collins) v Notts CC [2016] EWHC 996

Accommodation: R (SG) v London Borough of Haringey [2015] EWHC 2579

Other case law

The interface between general and social care housing provision: R (Campbell) v London Borough of Ealing [2024] EWCA Civ 540

The Care Act, asylum seekers and Article 3 ECHR: R (TMX) v London Borough of Croydon & Anor [2024] EWHC 129 (Admin)

Ordinary residence and section 117 aftercare: R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31

Urgent transfer to a care home: Hull City Council v A & Ors [2021] EWCOP 60

Care workers helping vulnerable clients to visit sex workers: Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527

Assessing needs for Mental Health Act aftercare (section 117): R (AK) v London Borough of Islington [2021] EWHC 301 (Admin)

Inherent jurisdiction and vulnerable adults: Redcar and Cleveland BC v PR [2019] EWHC 2305 (Fam) and Wakefield MDC v DN [2019] EWHC 2306 (Fam)

Injunctions in the Court of Protection: Re SF (Injunctive relief) [2020] EWCOP 19

Conditional discharge – navigating the Mental Health Act & Mental Capacity Act interface: MC v Cygnet Behavioural Health Ltd and the Secretary of State for Justice [2020] UKUT 230 (AAC)

Expert evidence in the Court of Protection: AMDC v AG [2020] EWCOP 58

Force-feeding, the Mental Health Act and the inherent jurisdiction: JK v A Local Health Board [2019] EWHC 67 (Fam)

NHS responsibility for care home nursing care: R (Forge Care Homes Ltd) v Cardiff and Vale University Health Board [2017] UKSC 56

Covid-19 related case law

Best interests and the Covid-19 booster: Re AD (Covid-19 vaccination) [2021] EWCOP 47

Best interests, Covid-19 vaccination and patient refusal: SS v Richmond LBC [2021] EWCOP 31

Covid-19 vaccine, learning disability and family objections: Re CR [2021] EWCOP 19

Best interests, the Covid-19 vaccine and family objections: SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14

Covid-19 vaccination and best interests: E (Vaccine) [2021] EWCOP 7

Remote assessments and the Mental Health Act: Devon Partnership NHS Trust v Secretary of State for Health and Social Care [2021] EWHC 101 (Admin)

Family care and the Covid lockdown rules: NG v Hertfordshire County Council [2021] EWCOP 2

Covid-19 and care home visitor restrictions: BP v Surrey County Council [2020] EWCOP 17

Covid-19 and enforced discharge from hospital: University College London Hospitals NHS Foundation Trust v MB [2020]EWHC 882 (QB)

If you can’t find what you’re looking for, do let us know.

Add item to CPD Log (SWE)

Title *
Case law knowledge and practice hub

Date *
21-11-2024 (dd-mm-yyyy)

Learning or development activity, resource or URL
https://adults.ccinform.co.uk/knowledge-hubs/case-law-knowledge-and-practice-hub/

Learning

Use the boxes below to record what you have learned from this activity. The form below replicates that used by Social Work England in your online account, so that when you need to renew your registration each year, you can easily transfer examples of CPD. Everything you write will be stored in your My CPD log on CC Inform. You can return to each piece of CPD and edit or add to it at any time - for example, if you reflect on it with a peer. You can export all the information as a Word file and copy it into Social Work England's form for the pieces you choose to submit during renewal, and print it off for other uses - for example, in supervision or peer reflection.

1. Describe what you have learnt from doing this CPD activity. (Social Work England recommend that you write 250-500 words, and they say that you may want to refer to the CPD standard 4.1-4.8 - see below.)

Word count: 0

2. Reflect on and describe the positive impact the CPD has had (or will have) on your practice and the people you work with.

This could be people with lived experience of social work, colleagues, or students. If you are not currently working, or not in direct practice, you could think about how your CPD activity might benefit people you come into contact with or the profession as a whole. (Social Work England recommend you write about 250 to 500 words).

Word count: 0

3. Describe what you have learnt from discussing this CPD activity with a peer

This is an optional question. By answering it for at least one of your pieces of CPD, you will meet Social Work England's requirements to record one piece of CPD with a peer reflection during the registration year. You are expected to write at least 250 words.

Social Work England say: "Peer reflection means that you have discussed the content of your CPD activity with a peer, your manager or another professional.

This discussion can be informal or formal, and can take place in one to one or group settings. The role of the peer is not to approve your learning but to support and help you to think about how you can improve your practice. When discussing your CPD with a peer, you should talk about what you have learnt from doing the CPD and the positive impact the CPD activity has had (or will have) on your role, practice and the people you work with".

Read more guidance from the regulator about peer reflection here

Word count: 0

4. Which parts of the CPD standard have you met by doing this activity? By going through the recording process, you will automatically meet standards 4.6 and 4.7. You can use the box below to note the other standards you have met with this piece.

4.1 Incorporate feedback from a range of sources, including from people with lived experience of my social work practice.
4.2 Use supervision and feedback to critically reflect on, and identify my learning needs, including how I use research and evidence to inform my practice.
4.3 Keep my practice up to date and record how I use research, theories and frameworks to inform my practice and my professional judgement.
4.4 Demonstrate good subject knowledge on key aspects of social work practice and develop knowledge of current issues in society and social policies impacting on social work.
4.5 Contribute to an open and creative learning culture in the workplace to discuss, reflect on and share best practice.
4.6 Reflect on my learning activities and evidence what impact continuing professional development has on the quality of my practice.
4.7 Record my learning and reflection on a regular basis and in accordance with Social Work England's guidance on continuing professional development.
4.8 Reflect on my own values and challenge the impact they have on my practice.

For more information, see Social Work England’s guidance on CPD.

Add item to CPD Log (SCW)

Title * Case law knowledge and practice hub

Date * 21-11-2024 (dd-mm-yyyy)

URL https://adults.ccinform.co.uk/knowledge-hubs/case-law-knowledge-and-practice-hub/

Learning Use the boxes below to record what you have learned from this activity. Everything you write will be stored in your Inform account and you can export all the information as a Word file or print it off. When you have to renew your social work registration with Social Care Wales, you can include this as evidence of continuing professional development.

1. What have you learned from this activity?

2. How has it contributed to your practice?

3. How much time have you spent on this activity?

4. Next steps (any additional learning you need in this area)?

For more details, visit Social Care Wales

Citation

Full Harvard reference for this document:

() Case law knowledge and practice hub. Knowledge Hubs.
Community Care Inform
[online]
https://adults.ccinform.co.uk/knowledge-hubs/case-law-knowledge-and-practice-hub/
[accessed: 21 November 2024]

If you are directly quoting the author's own words from this document you must acknowledge that they are not your own words by putting them within quotes marks, reference the source in the text and then provide the full reference at the end of the document. For example:

In the text: Baim argues that "understanding adult attachment patterns can also help practitioners to more readily identify the behaviour patterns that the client uses to maintain safety and comfort and which also, in some cases, serve to keep the client stuck in behaviour that no longer serves them as adults". (Baim, 2015)

Full reference to insert at the bottom of the document: Baim, C. (2015) Using attachment theory to work with adults, Guide. Community Care Inform Adults [online]. Available at: https://adults.ccinform.co.uk/guides/guide-using-attachment-theory-work-adults/ [accessed: INSERT DATE HERE (eg 9 October 2015)]