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Drilldown: Cases

Not many cases (210 of them) have been added to the database so far. To see the full list of cases (2039) go to the Mental health case law page.

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Cases > Subject : Criminal law capacity cases or Disability discrimination or Welfare benefits cases

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Page name Sentence Summary
DB (as executor of the estate of OE) v SSWP (2018) UKUT 46 (AAC) Social security appointeeship "The main grievance of Mr B, who brings this appeal in his capacity as executor of his late Aunt Miss E’s estate, is the Secretary of State’s decision to make Birmingham City Council Miss E’s social security appointee. When the council were made Miss E’s appointee, Mr B held an enduring power of attorney authorising him to deal with her financial affairs. Appointment decisions do not attract a right of appeal to the First-tier Tribunal. Neither that tribunal, nor the Upper Tribunal, has jurisdiction to entertain an ‘appeal’ against an appointment decision. However, I do have some concerns about the way in which the council’s appointment application was handled. I decide to express some views on that subject. My purpose in simply to provide some assistance to the DWP and local authorities in their efforts to operate the appointee system effectively and properly."
R (Hall) v SSJ (2018) EWHC 1905 (Admin) Autism in prison Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty.
R v C (2008) EWCA Crim 1155 Capacity to consent to sexual activity If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]
R v C (2009) UKHL 42 Sexual consent For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder.

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