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No "clinical decision" exemption from best interests

No "clinical decision" exemption from best interests

The Court of Appeal recently considered whether a judge erred in holding that a "clinical decision" to withhold life sustaining medical treatment is not subject to best interests considerations and hence is not subject to the supervision of the Courts. Katie Viggers sets out the key takeaways from the judgment.

March 18, 2026

No "clinical decision" exemption from best interests

News

Government promises stronger visiting rights for people in health and care settings following review of Regulation 9A

March 18, 2026

Government publishes framework for delivery of neighbourhood health service

March 17, 2026

Select committee launches inquiry on cross-border healthcare arrangements between England and Wales

February 26, 2026

Health board acknowledges it acted unlawfully in failing to comply with Mental Capacity Act 2005

Feb 17, 2026

Select committee launches inquiry into work and performance of Parliamentary and Health Service Ombudsman

Jan 26, 2026

Court lifts automatic suspension in procurement by Welsh NHS trust of blood establishment computer system

Jan 22, 2026

Selective publication of Health, Education and Social Care Chamber cases can reflect recognition that “justice cannot thrive unseen”, senior judge says

Jan 22, 2026

Public authorities win Supreme Court case over claim for negligence brought by man found not guilty of murder by reason of insanity

Jan 21, 2026

Welsh Government introduces draft Bill after Mental Health Review Tribunal for Wales stops medical members without current licence to practise from sitting on cases

Jan 12, 2026

NHS Shared Business Services to hold preliminary market engagement for £240m framework agreement

Jan 07, 2026

Court of Protection Bar Association launches free advice service for unrepresented family at urgent health and welfare hearings

Dec 23, 2025

High Court judge lifts automatic suspension of award of clinical waste contracts by integrated care boards

Nov 20, 2025

High Court judge refuses application by mother for order prohibiting council from getting child vaccinated

Nov 06, 2025

Consultation on Liberty Protection Safeguards to be launched by Government next year

Oct 20, 2025

Cost of settling clinical negligence claims “more than tripled” in last two decades: National Audit Office

Oct 17, 2025

Government call for Supreme Court to overturn Cheshire West ruling on deprivations of liberty prompts furious response from charities

Oct 15, 2025

Health and Care Professions Council to procure £28.8m framework for advising on Fitness to Practice cases

Oct 07, 2025

Nuffield Trust warns of “highly inconsistent” NHS Continuing Healthcare system, with wide regional variation in eligibility, spending and practice

Oct 01, 2025

Education Committee calls for “root and branch transformation” of how mainstream education caters to children and young people with SEND

Sep 22, 2025

Charities seeking to intervene when Supreme Court reconsiders approach in Cheshire West to deprivations of liberty

Sep 04, 2025

"Brinkmanship" by council left immune-compromised child facing unnecessary risk of harm: Ombudsman

Aug 28, 2025

Almost 70% of local authorities require improvements to Deprivation of Liberty Safeguards arrangements, study finds

Aug 28, 2025

Government urged by LGA to reform housing benefit subsidy rules that leave councils “millions of pounds out of pocket”

Aug 27, 2025

ICO flags wide variation in FOI performance across NHS trusts

Jul 30, 2025

Judge backs council over vaccinations of child in care, rejecting application by father for injunction

Jul 25, 2025

Court of Protection judge hands down ruling on provision of position statements to observer of hearing

Jul 22, 2025

Judge criticises public bodies for operating in silos having only regard to own duties in disordered eating case

Jul 17, 2025

Directors of adult social services and social workers call on government to bring forward Liberty Protection Safeguards “without further delay”

Jul 14, 2025

Judge finds family had “no lawful authority” to move elderly man to care home in Wales from Spain

Jul 11, 2025

Next Parliamentary and Health Service Ombudsman confirmed

Jun 26, 2025

Judicial review over reorganisation of air ambulance services in Wales fails

Jun 26, 2025

Permission to appeal application lodged with Supreme Court in dispute over health care plan for 12-year-old boy

Jun 25, 2025

Department of Health and Social Care issues code of practice on standards of training on learning disability and autism

Jun 20, 2025

Public bodies urged not to leave consideration of form of contract to last minute as Government unveils £9bn investment to tackle infrastructure backlogs

Jun 20, 2025

NHS trust breached Equality Act over uniform policy aimed at curbing political symbols, staff claim

Jun 19, 2025

Minister expresses doubt over replacing Deprivation of Liberty Safeguards with Liberty Protection Safeguards

Jun 19, 2025

Councils call for rebuilding of inclusive capacity and reformed legislative framework for SEND system

Jun 12, 2025

Ofsted and CQC to change way area SEND inspections are undertaken

Jun 10, 2025

Northern Ireland Government to ask Supreme Court whether amended Deprivation of Liberty Safeguards Code of Practice satisfies Article 5 even if approach is different to Cheshire West

Jun 10, 2025

LGA issues guide for councillors on local authority public health responsibilities

May 28, 2025

Council loses legal challenge over decision by integrated care board not to contribute towards costs of children's home placement

Apr 29, 2025

Integrated care board wins appeal over mandatory order requiring arrangement of new health care plan for severely disabled boy

Apr 24, 2025

NHS procurement group names 13 law firms to £200m legal services framework

Apr 07, 2025

Features

Transparency and the scope of PD12R FPR 2010

Transparency and the scope of PD12R FPR 2010

January 30, 2026

Edward Lamb KC and Tara Vindis set out the key points from a care proceedings case concerning transparency and the scope of PD12R FPR 2010.

The Mental Health Act 2025: key changes

The Mental Health Act 2025: key changes

January 22, 2026

Rebecca Fitzpatrick and Katie Viggers set out the key changes in the Mental Health Act 2025, which received royal assent last month.

The End of “Cheshire West”? Deprivation of Liberty, Consent and Capacity in the Supreme Court

The End of “Cheshire West”? Deprivation of Liberty, Consent and Capacity in the Supreme Court

October 30, 2025

Brett Davies looks at the issues under consideration at the Supreme Court’s recent hearing on deprivations of liberty and its landmark 2014 judgment.

The Welsh Language and the Court of Protection

The Welsh Language and the Court of Protection

October 17, 2025

The first Court of Protection judgment to be published in the Welsh language is, hopefully, the first of many, write Daniel Taylor and Teagan Thomas-Walters.

Revisiting Cheshire West

Revisiting Cheshire West

Oct 10, 2025

Transparency in the Court of Protection

Transparency in the Court of Protection

Oct 03, 2025

How AI could rewrite homelessness law

How AI could rewrite homelessness law

Oct 02, 2025

Human rights, health and care in the next Parliamentary session

Human rights, health and care in the next Parliamentary session

Aug 29, 2025

Navigating the Provider Selection Regime (Wales) Regulations 2025

Navigating the Provider Selection Regime (Wales) Regulations 2025

Aug 18, 2025

Mental health tribunals and 11(7) representatives

Aug 01, 2025

Disordered eating and the gaps between services – the consequences for the Court of Protection

Aug 01, 2025

The Assisted Dying Bill: What health and social care professionals need to know

Jul 22, 2025

Implementing the Neighbourhood Health Service: Commissioning and procurement

Jul 22, 2025

PFI – a new era?

Jul 11, 2025

PFI - A New Era?

Jul 03, 2025

The final say

Jun 19, 2025

Abbasi and Haastrup: to name or not to name

May 02, 2025

Transfers from hospital to social care

Apr 25, 2025

Court of Protection case update: April 2025

Apr 15, 2025

Issuing proceedings in best interests cases

Mar 19, 2025

Court of Protection case law update: March 2025

Mar 19, 2025

Homelessness and health

Feb 20, 2025

Capacity, insight and professional cultures

Feb 19, 2025

Court of Protection update: February 2025

Feb 19, 2025

Webinars

NHS Legal Framework Webinar Series - Masterclass on NHS Continuing Care for Adults and Children

This webinar will examine some of the legal issues that practitioners in Healthcare Law commonly encounter.

The Landmark Listen: Public Podcast – Standing

Rapid response to the health and social care changes

The LLG Grapevine 28th June

The LLG Grapevine 1st June 2021

What does the COVID pandemic mean for the standard of care?

Social Care: healthcare, contractual disputes need assessments and data protection

Sponsored articles

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