# Updates **URL:** https://forum.mentalhealthlaw.co.uk/c/updates/18.md?page=13 [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) **Page:** 14 --- ## [Case (Residence). Wakefield Metropolitan District Council v FH \[2021\] EWHC 1233 (Fam)](https://forum.mentalhealthlaw.co.uk/t/case-residence-wakefield-metropolitan-district-council-v-fh-2021-ewhc-1233-fam/3218)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [6 February 2025 13:12 UTC](https://forum.mentalhealthlaw.co.uk/t/case-residence-wakefield-metropolitan-district-council-v-fh-2021-ewhc-1233-fam/3218 "2025-02-06T13:12:00Z")
— "In my judgment, FH requires the protection of the court at this stage to ensure that she does not return, at this stage, I emphasise, to the home which she shares with her husband and into his primary care. I am satis… --- ## [Case (No DOL if cannot leave because of disabilities). Re SM: Peterborough City Council v Mother \[2024\] EWHC 493 (Fam)](https://forum.mentalhealthlaw.co.uk/t/case-no-dol-if-cannot-leave-because-of-disabilities-re-sm-peterborough-city-council-v-mother-2024-ewhc-493-fam/3219)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [6 February 2025 12:49 UTC](https://forum.mentalhealthlaw.co.uk/t/case-no-dol-if-cannot-leave-because-of-disabilities-re-sm-peterborough-city-council-v-mother-2024-ewhc-493-fam/3219 "2025-02-06T12:49:00Z")
— The High Court decided that SM was not deprived of her liberty under Article 5 because the reason that she could not leave was her profound disabilities rather than any action of the State (whether by restraining her o… --- ## [Case (No DOL if cannot leave because of disabilities). Re V (Profound Disabilities) \[2025\] EWHC 200 (Fam)](https://forum.mentalhealthlaw.co.uk/t/case-no-dol-if-cannot-leave-because-of-disabilities-re-v-profound-disabilities-2025-ewhc-200-fam/3215)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [6 February 2025 12:20 UTC](https://forum.mentalhealthlaw.co.uk/t/case-no-dol-if-cannot-leave-because-of-disabilities-re-v-profound-disabilities-2025-ewhc-200-fam/3215 "2025-02-06T12:20:00Z")
— The local authority applied under s100 Children Act 1989 for declarations under the inherent jurisdiction that the proposed restrictions on a looked-after child were lawful under Article 5, Article 2 and Article 3. The… --- ## [Case (Section 117 top-up fees). Buckinghamshire Council (24 003 060) \[2024\] MHLO 6 (LGSCO)](https://forum.mentalhealthlaw.co.uk/t/case-section-117-top-up-fees-buckinghamshire-council-24-003-060-2024-mhlo-6-lgsco/3209)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [5 February 2025 23:05 UTC](https://forum.mentalhealthlaw.co.uk/t/case-section-117-top-up-fees-buckinghamshire-council-24-003-060-2024-mhlo-6-lgsco/3209 "2025-02-05T23:05:00Z")
— Ombudsman's summary: "Mrs X complained about top-up fees for accommodation without \[there being offered\] a suitable and affordable alternative. We did not find fault with the accommodation the Council offered. We found… --- ## [Case (Capacity in committal proceedings). Derbyshire County Council v Grundy \[2025\] EWCOP 1 (T1)](https://forum.mentalhealthlaw.co.uk/t/case-capacity-in-committal-proceedings-derbyshire-county-council-v-grundy-2025-ewcop-1-t1/3206)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [5 February 2025 11:46 UTC](https://forum.mentalhealthlaw.co.uk/t/case-capacity-in-committal-proceedings-derbyshire-county-council-v-grundy-2025-ewcop-1-t1/3206 "2025-02-05T11:46:00Z")
— This was an application for committal to prison, including activation of a suspended sentence of imprisonment previously imposed. The court had to decide: (a) Mr. Grundy's capacity to conduct these committal proceeding… --- ## [Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 147, February 2025)](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-147-february-2025/3205)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [5 February 2025 11:37 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-147-february-2025/3205 "2025-02-05T11:37:00Z")
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: myth-busting about DoLS and strong words about assessment of capacity of D/deaf people; (2) In the Property and Affairs Repo… --- ## [Case (Rule 11(7)(a) and lack of express instructions). IN v St Andrew's Healthcare \[2024\] UKUT 411 (AAC)](https://forum.mentalhealthlaw.co.uk/t/case-rule-11-7-a-and-lack-of-express-instructions-in-v-st-andrews-healthcare-2024-ukut-411-aac/3203)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [5 February 2025 00:43 UTC](https://forum.mentalhealthlaw.co.uk/t/case-rule-11-7-a-and-lack-of-express-instructions-in-v-st-andrews-healthcare-2024-ukut-411-aac/3203 "2025-02-05T00:43:00Z")
— The patient had not appointed a representative but did not wish to conduct his own case, so a representative was appointed under rule 11(7)(a). The patient refused to engage or provide instructions. The solicitor sough… --- ## [Case (Costs order). Re GH (Mastectomy: Best Interests: Costs) \[2023\] EWCOP 50](https://forum.mentalhealthlaw.co.uk/t/case-costs-order-re-gh-mastectomy-best-interests-costs-2023-ewcop-50/3198)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 February 2025 14:19 UTC](https://forum.mentalhealthlaw.co.uk/t/case-costs-order-re-gh-mastectomy-best-interests-costs-2023-ewcop-50/3198 "2025-02-04T14:19:00Z")
— The Official Solicitor was awarded a costs order against the Trust because of its delay in issuing these proceedings. Full details available at: https://www.mentalhealthlaw.co.uk/Re\_GH\_(Mastectomy:\_Best\_Interests:\_Co… --- ## [Mental health Legal Aid form. Legal Aid Agency, 'Form CW 1&2 MH' (v21, February 2025)](https://forum.mentalhealthlaw.co.uk/t/mental-health-legal-aid-form-legal-aid-agency-form-cw-1-2-mh-v21-february-2025/3191)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [3 February 2025 15:43 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-legal-aid-form-legal-aid-agency-form-cw-1-2-mh-v21-february-2025/3191 "2025-02-03T15:43:00Z")
— The LAA website update dated 3 February 2025 states: "Published new versions of the CW1&2 and CW4 with updated privacy notices." Note that para 3.12 of the 2024 Standard Civil Contract Specification states: "We may ame… --- ## [Aftercare guidance. PHSO and LGSCO, 'Section 117 aftercare: Guidance for practitioners' (September 2022)](https://forum.mentalhealthlaw.co.uk/t/aftercare-guidance-phso-and-lgsco-section-117-aftercare-guidance-for-practitioners-september-2022/3185)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [30 January 2025 10:25 UTC](https://forum.mentalhealthlaw.co.uk/t/aftercare-guidance-phso-and-lgsco-section-117-aftercare-guidance-for-practitioners-september-2022/3185 "2025-01-30T10:25:00Z")
— Guidance "to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act". A tracked changes document is available on MHLO showing the changes between the April 2… --- ## [Aftercare guidance. PHSO and LGSCO, 'Section 117 aftercare: Guidance for practitioners' (April 2022)](https://forum.mentalhealthlaw.co.uk/t/aftercare-guidance-phso-and-lgsco-section-117-aftercare-guidance-for-practitioners-april-2022/3184)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [30 January 2025 10:17 UTC](https://forum.mentalhealthlaw.co.uk/t/aftercare-guidance-phso-and-lgsco-section-117-aftercare-guidance-for-practitioners-april-2022/3184 "2025-01-30T10:17:00Z")
— Superseded by PHSO and LGSCO, 'Section 117 aftercare: Guidance for practitioners' (September 2022). Full details available at: https://www.mentalhealthlaw.co.uk/PHSO\_and\_LGSCO,\_%27Section\_117\_aftercare:\_Guidance\_for\_… --- ## [Case (Planned caesarean). Re CP \[2024\] EWCOP 7](https://forum.mentalhealthlaw.co.uk/t/case-planned-caesarean-re-cp-2024-ewcop-7/3182)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [30 January 2025 10:07 UTC](https://forum.mentalhealthlaw.co.uk/t/case-planned-caesarean-re-cp-2024-ewcop-7/3182 "2025-01-30T10:07:00Z")
— Those issues before the court were: (1) Should CP's parents be made parties to these proceedings? (2) Does CP have the capacity to make decisions about her obstetric care and treatment, including a pre-arranged caesare… --- ## [Case (Residence, sex, contraception). Re CLF (Capacity: Sexual Relations and Contraception) \[2024\] EWCOP 11](https://forum.mentalhealthlaw.co.uk/t/case-residence-sex-contraception-re-clf-capacity-sexual-relations-and-contraception-2024-ewcop-11/3183)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [30 January 2025 10:01 UTC](https://forum.mentalhealthlaw.co.uk/t/case-residence-sex-contraception-re-clf-capacity-sexual-relations-and-contraception-2024-ewcop-11/3183 "2025-01-30T10:01:00Z")
— Capacity in relation to residence, engagement in sexual relations, and the use of contraception. Full details available at: https://www.mentalhealthlaw.co.uk/Re\_CLF\_(Capacity:\_Sexual\_Relations\_and\_Contraception)\_(202… --- ## [Case (Fact-finding hearing). An ICB v G \[2024\] EWCOP 13](https://forum.mentalhealthlaw.co.uk/t/case-fact-finding-hearing-an-icb-v-g-2024-ewcop-13/3181)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [30 January 2025 09:44 UTC](https://forum.mentalhealthlaw.co.uk/t/case-fact-finding-hearing-an-icb-v-g-2024-ewcop-13/3181 "2025-01-30T09:44:00Z")
— Detailed fact-finding judgment, including that family members had tampered with G's ventilation equipment with the intention of discrediting care home staff. Full details available at: https://www.mentalhealthlaw.co.… --- ## [Case (Clozapine management - MHA assessments). Wirral Metropolitan Borough Council (23 010 463) \[2024\] MHLO 5 (LGSCO)](https://forum.mentalhealthlaw.co.uk/t/case-clozapine-management-mha-assessments-wirral-metropolitan-borough-council-23-010-463-2024-mhlo-5-lgsco/3180)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [30 January 2025 09:36 UTC](https://forum.mentalhealthlaw.co.uk/t/case-clozapine-management-mha-assessments-wirral-metropolitan-borough-council-23-010-463-2024-mhlo-5-lgsco/3180 "2025-01-30T09:36:00Z")
— Ombudsman's summary: "We uphold Mr X’s complaint about his brother, Mr Y’s, care and treatment. There was a short break in Mr Y’s medication management. We also found Mr X was not informed \[as NR\] about one of Mr Y’s M… --- ## [Case (Section 117 charging). Leeds City Council (24 001 390) \[2024\] MHLO 4 (LGSCO)](https://forum.mentalhealthlaw.co.uk/t/case-section-117-charging-leeds-city-council-24-001-390-2024-mhlo-4-lgsco/3179)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [30 January 2025 09:28 UTC](https://forum.mentalhealthlaw.co.uk/t/case-section-117-charging-leeds-city-council-24-001-390-2024-mhlo-4-lgsco/3179 "2025-01-30T09:28:00Z")
— Ombudsman's summary: "Mr X complained the Council had started to charge him for transport services although he believed he was eligible for s117 aftercare and should not pay charges. The Council has provided evidence h… --- ## [Event. Hill Dickinson: MCA/DOLS - the latest update (online, 6 March 2025)](https://forum.mentalhealthlaw.co.uk/t/event-hill-dickinson-mca-dols-the-latest-update-online-6-march-2025/3175)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [28 January 2025 23:26 UTC](https://forum.mentalhealthlaw.co.uk/t/event-hill-dickinson-mca-dols-the-latest-update-online-6-march-2025/3175 "2025-01-28T23:26:00Z")
— This webinar will consider the implications of the Assisted Dying bill, provide some troubleshooting guidance in relation to community Deprivation of Liberty, and take a detailed look at Lasting Powers of Attorney and … --- ## [Legislation. Tribunal Procedure (Amendment No. 2) Rules 2024](https://forum.mentalhealthlaw.co.uk/t/legislation-tribunal-procedure-amendment-no-2-rules-2024/3171)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [27 January 2025 20:40 UTC](https://forum.mentalhealthlaw.co.uk/t/legislation-tribunal-procedure-amendment-no-2-rules-2024/3171 "2025-01-27T20:40:00Z")
— Tribunal rule 35 was amended from 27 December 2024 to allow mandatory references made under s68, s71(2) and s75(1) in relation to a patient who is not a community (CTO) patient to be decided without a hearing if: (a) h… --- ## [Event. PELT: Introduction to the MHA, Code and Tribunals (online, 9 April 2025)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-the-mha-code-and-tribunals-online-9-april-2025/3155)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 January 2025 11:37 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-the-mha-code-and-tribunals-online-9-april-2025/3155 "2025-01-24T11:37:00Z")
— The basic course is for all those who need an understanding of the MHA and Code and how it works in practice. It is aimed at all those whose work involves working with those detained, or who may be detained, under the … --- ## [Event. PELT: Becoming a Mental Health Act Administrator - the Basics (online, 23 April 2025)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-becoming-a-mental-health-act-administrator-the-basics-online-23-april-2025/3151)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 January 2025 11:34 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-becoming-a-mental-health-act-administrator-the-basics-online-23-april-2025/3151 "2025-01-24T11:34:00Z")
— The course is designed to equip new or less experienced MHAAs with the tools to do their job effectively. It will assume little or no knowledge of the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website … --- ## [Event. PELT: Introduction to MCA and DOL (online, 30 April 2025)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-mca-and-dol-online-30-april-2025/3152)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 January 2025 11:33 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-mca-and-dol-online-30-april-2025/3152 "2025-01-24T11:33:00Z")
— Intensive introduction to all those who need a basic understanding of the MCA and DOLS. Identifying the ‘decision maker’ as the person responsible for the outcome of that particular decision is the key to lawful decisi… --- ## [Event. PELT: Introduction to COP, including s21A appeals (online, 7 May 2025)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-cop-including-s21a-appeals-online-7-may-2025/3153)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 January 2025 11:26 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-cop-including-s21a-appeals-online-7-may-2025/3153 "2025-01-24T11:26:00Z")
— The Court of Protection has a very wide ambit potential touching the lives of many vulnerable people. DOLS and procedures are authorised or challenged and where arguments about capacity or adult protection and best int… --- ## [Event. PELT: MHA Masterclass (online, 21 May 2025)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-mha-masterclass-online-21-may-2025/3156)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 January 2025 11:24 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-mha-masterclass-online-21-may-2025/3156 "2025-01-24T11:24:00Z")
— This course will allow practitioners to reflect and update their practice by ensuring they have an up-to-date understanding of the law. The contents of the course will be up to date and reflect any changes or significa… --- ## [Event. PELT: Court of Protection and MCA Masterclass (online, 4 June 2025)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-court-of-protection-and-mca-masterclass-online-4-june-2025/3157)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 January 2025 11:22 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-court-of-protection-and-mca-masterclass-online-4-june-2025/3157 "2025-01-24T11:22:00Z")
— Reviews recent developments in Court of Protection cases. It will include the latest COP cases on deprivation of liberty, capacity, health and welfare, legal aid and treatment and what practitioners can learn from thes… --- ## [Case (Apparent bias). R (Cygnet Health Care Ltd) v CQC \[2025\] EWHC 1 (Admin)](https://forum.mentalhealthlaw.co.uk/t/case-apparent-bias-r-cygnet-health-care-ltd-v-cqc-2025-ewhc-1-admin/3141)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [23 January 2025 11:50 UTC](https://forum.mentalhealthlaw.co.uk/t/case-apparent-bias-r-cygnet-health-care-ltd-v-cqc-2025-ewhc-1-admin/3141 "2025-01-23T11:50:00Z")
— A patient who had been a patient at Cygnet hospitals, and had made serious complaints about his treatment there, was subsequently appointed as a CQC inspector. His inspection of Cygnet Hospital Ealing led to a criminal… --- ## [Accepting instructions. SRA, 'Guidance: Accepting instructions from vulnerable clients or third parties acting on their behalf' (30 June 2022)](https://forum.mentalhealthlaw.co.uk/t/accepting-instructions-sra-guidance-accepting-instructions-from-vulnerable-clients-or-third-parties-acting-on-their-behalf-30-june-2022/3138)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [22 January 2025 12:44 UTC](https://forum.mentalhealthlaw.co.uk/t/accepting-instructions-sra-guidance-accepting-instructions-from-vulnerable-clients-or-third-parties-acting-on-their-behalf-30-june-2022/3138 "2025-01-22T12:44:00Z")
— The purpose of this guidance is to "highlight issues to consider before receiving and accepting instructions from vulnerable clients or third parties acting on their behalf". Full details available at: https://www.me… --- ## [Case (Mistake of fact - availability of treatment). JB v Elysium Healthcare \[2025\] UKUT 9 (AAC)](https://forum.mentalhealthlaw.co.uk/t/case-mistake-of-fact-availability-of-treatment-jb-v-elysium-healthcare-2025-ukut-9-aac/3132)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [21 January 2025 23:29 UTC](https://forum.mentalhealthlaw.co.uk/t/case-mistake-of-fact-availability-of-treatment-jb-v-elysium-healthcare-2025-ukut-9-aac/3132 "2025-01-21T23:29:00Z")
— Audio recordings made by the patient immediately after the tribunal showed that the RC had lied about intending to resume psychological therapy. On the basis of those recordings, the UT set aside its original refusal t… --- ## [Case (Non-disclosure of victim's statement except to patient's lawyers). AM v Greater Manchester Mental Health NHS Foundation Trust \[2024\] UKUT 438 (AAC)](https://forum.mentalhealthlaw.co.uk/t/case-non-disclosure-of-victims-statement-except-to-patients-lawyers-am-v-greater-manchester-mental-health-nhs-foundation-trust-2024-ukut-438-aac/3107)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [15 January 2025 20:38 UTC](https://forum.mentalhealthlaw.co.uk/t/case-non-disclosure-of-victims-statement-except-to-patients-lawyers-am-v-greater-manchester-mental-health-nhs-foundation-trust-2024-ukut-438-aac/3107 "2025-01-15T20:38:00Z")
— (1) An interim non-disclosure order was made under rule 5 allowing disclosure of the victim's statement only to AM's lawyers. That order was continued under rule 14(2), but the tribunal failed properly to consider eith… --- ## [Event. Court of Protection User Group: Property and affairs meeting (online, 22/1/25)](https://forum.mentalhealthlaw.co.uk/t/event-court-of-protection-user-group-property-and-affairs-meeting-online-22-1-25/3110)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [15 January 2025 22:41 UTC](https://forum.mentalhealthlaw.co.uk/t/event-court-of-protection-user-group-property-and-affairs-meeting-online-22-1-25/3110 "2025-01-15T22:41:00Z")
— The next COP Court User Group (P&A) Meeting will be held on 22/1/25 at 2pm via Teams. Contact Natalie Cheesewright (Natalie.Cheesewright@Justice.gov.uk) if you wish to attend. Full details available at: https://www.m… --- ## [Case (Appeal against committal order - Court of Appeal's powers). MacPherson v Sunderland City Council \[2024\] EWCA Civ 1579](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-committal-order-court-of-appeals-powers-macpherson-v-sunderland-city-council-2024-ewca-civ-1579/3109)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [15 January 2025 22:37 UTC](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-committal-order-court-of-appeals-powers-macpherson-v-sunderland-city-council-2024-ewca-civ-1579/3109 "2025-01-15T22:37:00Z")
— There was reason to believe (under MCA 2005 s48) that the appellant lacked capacity in relation to this appeal against a committal order. The Court of Appeal has all the powers of a lower court (whether that be the Cou… [Previous page](https://forum.mentalhealthlaw.co.uk/c/updates/18.md?page=12) [Next page](https://forum.mentalhealthlaw.co.uk/c/updates/18.md?page=14)