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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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