header-logo header-logo

20 January 2023 / Laura Davidson
Issue: 8009 / Categories: Features , Court of Protection , Mental health
printer mail-detail

Cloak & dagger in the Court of Protection? (Pt 2)

107045
Is it time for the shadowy practice of covert medication to be brought into the light? Dr Laura Davidson thinks so
  • The hearing following disclosure of the surreptitious medication duplicity in Re A (Covert Medication: Closed Proceedings).
  • The decision’s lawfulness in excluding from the hearings the mother of the young woman at the centre of the case.
  • The practice of covert medication and the lack of legal safeguards surrounding its use.

I recently provided a detailed history of Re A (Covert Medication: Closed Proceedings) [2022] EWCOP 44 (See Pt 1, 172 NLJ 8005, pp9-10). Here, I cover the hearing following disclosure of the surreptitious medication duplicity, reflect on the decision’s lawfulness in excluding B, the mother of the young woman at the centre of this case, from hearings, and discuss the practice of covert medication itself.

Background

Initially, a brief outline is provided for those coming to the case anew.

A, who had mild learning disability and Asperger’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll