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20 January 2023
Issue: 8009 / Categories: Legal News , Court of Protection , Mental health
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NLJ this week: Surreptitious medication & the Court of Protection

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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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