DSA

MCA - Best interests/residence/contact

When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.


(inc. Court authorised Deprivation of Liberty)


BP v Surrey County Council & Anor, Court of Protection, 25th March 2020

A Local Authority in Yorkshire v SF, Court of Protection, 25th March 2020

QD (Habitual Residence) (No.2), Court of Protection, 25th March 2020

Sunderland City Council v AS & Ors, Court of Protection, 20th March 2020

QJ v A Local Authority & Anor , Court of Protection, 29th January 2020

Hertfordshire CC v NK and AK (Deprivation of Liberty), High Court - Family Division, 23rd January 2020

A v (1) B (2) C (3) D (4) Islington London Borough Council ; Re D, Court of Protection, 20th January 2020

TD and BS v KD and QD (Jurisdiction: Habitual Residence), Court of Protection, 19th December 2019

A Local Authority v PS & HS, Court of Protection, 29th November 2019

Couple return to court in record-breaking dispute over autistic son's care, Press Association, 25th November 2019

London Borough of Southwark v NP & Ors, Court of Protection, 24th October 2019

Re PR (Application under the inherent jurisdiction: Costs), High Court - Family Division, 23rd October 2019

Re EOA, Court of Protection, 16th October 2019

Dorset Council v A (Residential Placement: Lack of Resources) , Bournemouth Family Court, 10th October 2019

Aamir Mazhar v The Lord Chancellor, Court of Appeal, 2nd October 2019

In the matter of D (A Child), Supreme Court, 26th September 2019

London Borough of Croydon v KR & Anor, High Court - Family Division, 25th September 2019

Wakefield MDC & Wakefield CCG v DN & MN, High Court - Family Division, 5th September 2019

Redcar & Cleveland Borough Council v PR & Ors, High Court - Family Division, 5th September 2019

X Health Authority v D, High Court - Family Division, 22nd August 2019

DL v London Borough of Enfield, Court of Protection, 15th August 2019

London Borough of Barking & Dagenham v A (Therapeutic Residential Placement), High Court, 25th July 2019

Birmingham City Council v SR; Lancashire County Council v JTA, Court of Protection, 17th July 2019

Sick pensioner wants to leave nursing home and move to Canada, Shropshire Star, 8th July 2019

Cheshire West and Chester Council v PWK, Court of Protection, 1st July 2019

BP v The London Borough of Harrow (Costs), Court of Protection, 14th June 2019

Disabled man blinks at judge to tell him he wants to be allowed to go home, Metro, 11th June 2019

B v A Local Authority, Court of Appeal, 11th June 2019

A North East Local Authority v AC & Anor, Court of Protection, 21st May 2019

Lincolnshire County Council v AB, Court of Protection, 8th May 2019

Harrow Clinical Commissioning Group v IPJ & Ors, Court of Protection, 30th April 2019

FT v MM and RM, High Court - Family Division, 12th April 2019

London Borough of Hackney v SJF & Anor, Court of Protection, 12th March 2019

PBM v TGT & X Local Authority, Court of Protection, 8th March 2019

CB v Medway Council & Anor (Appeal), Court of Protection, 6th March 2019

North Yorkshire County Council v George Elliot, Court of Protection, 1st March 2019

B (Capacity: Social Media: Care and Contact), Court of Protection, 21st February 2019

A (Capacity: Social Media and Internet Use: Best Interests), Court of Protection , 21st February 2019

Royal Borough of Greenwich v CDM, Court of Protection, 20th February 2019

Southend-On-Sea Borough Council v Meyers, High Court , 20th February 2019

Southern Health NHS Foundation Trust v AB & Ors, Court of Protection, 29th January 2019

Dr Gloria Esegbona (on behalf of the estate of Christina Esegbona, deceased) v Kings College Hospital, High Court, 22nd January 2019

A Local Authority v BF, Court of Appeal, 21st December 2018

EXB v FDZ & Ors, High Court - Queen's Bench Division, 13th December 2018

HC (A Minor Deprivation of Liberty), High Court - Family Division, 5th November 2018

Manchester City Council Legal Services v LC & Anor, High Court - Family Division, 24th October 20118

Dad blasts Walsall Council after being gagged over autistic daughter's care, Express & Star, 17th October 2018

Re D, (A Child), High Court - Family Division, 5th October 2018

Office of the Public Guardian v Stalter, Court of Protection, 19th September 2018

London Borough of Lambeth v MCS & Anor, Court of Protection, 31st August 2018

Dudley Metropolitan Borough Council v Hill, Court of Protection, 16th July 2018

The London Borough of Islington v AA & Ors, Court of Protection, 5th July 2018

Royal Borough of Greenwich v CDM, Court of Protection, 29th June 2018

Re RD; Northumberland County Council v MD, FD and RD, Newcastle-upon-Tyne Family Court, 28th June 2018

SR v A Local Authority & Anor, Court of Protection, 6th June 2018

Z (A Child, Family Court, 26th April 2018

Buckinghamshire County Council v RT, Court of Protection, 23rd April 2018

Judge frustrated over mental health places, BBC News, 20th April 2018

P (Sexual Relations and Contraception), Court of Protection, 18th April 2018

SHC NHS Dorset Clinical Commissioning Group v LB & Anor, Court of Protection, 28th March 2018

Couple concerned about relative's dementia care lose case to disclose details, Press Association, 28th March 2018

A-F (Children), Family Division, 31st January 2018

AB v HT & Ors, Court of Protection, 26th January 2018

Re FX, Court of Protection, 19th December 2017

Re B, West London Family Court , 6th November 2017

Birmingham City Council v D, Court of Appeal, 31st October 2017

MB v Surrey County Council, Court of Protection, 16th October 2017

Mazhar v The Lord Chancellor, High Court, 12th October 2017

The London Borough of Wandsworth v M & Ors, Family Division, 3rd October 2017

F (A Minor: secure accommodation resources); LB of Southwark v F, Family Division, 24th August 2017

Woman wins battle over birthday visit to grown-up autistic son, Press Association, 30th July 2017

Oakview Estates Ltd v Care Quality Commission, Care Standards First-tier Tribunal, 26th June 2017

IH (Observance of Muslim Practice), Court of Protection, 12th June 2017

Re NB, Court of Protection, 9th June 2017

CD v AR and FG, Court of Protection, 6th June 2017

P v G, Court of Protection, 31st May 2017

Re MM (A Patient); Kirk v Devon County Council & Anor, Court of Appeal, 12th April 2017

London Borough of Brent v (1) SL (2) NL,Court of Protection, 31st March 2017

N v ACCG and others, Supreme Court, 22nd March 2017

Re MM (A Patient); Teresa Kirk v (1) Devon County Council (2) MM, Court of Appeal, 30th January 2017

Newcastle-Upon-Tyne City Council v TP (Best Interests), Court of Protection, 21st December 2016

Woman with learning difficulties 'would be happier at home' than in special unit, Press Association, 14th December 2016

Devon County Council v Kirk, Court of Appeal, 5th December 2016

Re X (No. 2), Court of Protection, 21st November 2016

Lincolnshire County Council v JK (Capacity), Court of Protection, 17th November 2016

Re FD (Inherent Jurisdiction: Power of Arrest), Court of Protection, 28th September 2016

A Local Authority v X, Court of Protection, 25th October 2016

Re M, Court of Protection, 18th August 2016

Re Daniel X (deprivation of liberty declaration), Chelmsford Family Court, 13th May 2016

Birmingham City Council v D, Court of Protection, 21st January 2016

Re Z & Ors; WBC (Local Authority) and Z, Court of Protection, 18th January 2016

Re AG, Court of Protection, 25th November 2015

Re PL, Court of Protection, 15th May 2015

Re MN (Adult), Court of Appeal, 7th May 2015

Clarke, R (on the application of) v London Borough of Sutton, High Court, 23rd April 2015

Trust A v X and A Local Authority; Re D (A Child: deprivation of liberty), Family Division, 31st March 2015

London Borough of Tower Hamlets v (1) TB (2) SA, Court of Protection, 17th December 2014

London Borough of Hillingdon v PS & NS, Court of Protection, 4th December 2014

A Local Authority v M and others, Court of Protection, 11th August 2014

London Borough of Islington v QR, Court of Protection, 5th August 2014

London Borough of Redbridge v G & Ors, Court of Protection, 21st July 2014

Use of CCTV In vulnerable man's home is justified, says Court of Protection, Irwin Mitchell, 2nd July 2014

Irwin Mitchell instructed by IMCA in Court of Protection proceedings, Irwin Mitchell, 19th April 2014

Wandsworth Clinical Commissioning Group v IA, Court of Protection, 3rd April 2014

Norfolk County Council v PB and TB, Court of Protection, 21st March 2014

Re RGS (No. 3), Court of Protection, 20th March 2014

Re Whiting, Family Division, 13th December 2013

Re PO: JO v GO and Others, Court of Protection, 13th December 2013

ACCG & Anor v MN & Ors, Court of Protection, 20th November 2013

LBX v K, L, M, Family Division, 15th November 2013

RGB v Cwm Taf Health Board, Court of Protection, 10th October 2013

A Local Authority v ED, Court of Protection, 4th October 2013

LA v HS and BS and HLS, Court of Protection, 17th July 2013

RC v CC, Court of Protection, 8th May 2013

PC and NC v City of York Council, Court of Appeal, 1st May 2013

PS v LP, Court of Protection, 6th February 2013

Stoke City Council v John Maddocks and Wanda Maddocks and others, Court of Protection, 31st August 2012

HT v CK, Court of Protection, 3rd August 2012

A County Council v E & K, Court of Protection, 9th July 2012

DL v A Local Authority, Court of Appeal, 28th March 2012

Wychavon District Council v EM, Upper Tribunal, 6th January 2012

HN v FL & Anor, Court of Protection, 11th October 2011

Son wins partial victory in his fight to care for elderly father, The Times, 12th August 2011

Re MW; LB Hammersmith and Fulham v MW, Court of Protection, 29th July 2011

P v Independent Print Ltd.& Ors, Court of Appeal, 4th July 2011

A Local Authority v PB & P, Court of Protection, 26th January 2011

The Council v X (by her litigation friend, the Official Solicitor), Y, and Z, Court of Protection, 9th November 2010

Re MM; City of Sunderland v MM and others, Court of Protection, 4th November 2010

LBL v RYJ and VJ, Court of Protection, 22nd September 2010

PM v KH (Re HM), High Court Family Division, 24th June 2010

HBCC v LG, Court of Protection, 24th June 2010

LBB v JM, BK and CM, Court of Protection, 5th February 2010

A Primary Care Trust v P, Court of Protection, 21st December 2009

Dorset CC v EH, Family Division, 8th April 2009

Re MP; LBH v GP & MP, Family Division, 8th April 2009

K v L, Cardiff County Court, 9th July 2008

A Local Authority v (1) E (2) D (3) A (By her litigation friend, The Official Solicitor), Family Division, 19th October 2007

Sunderland CC v PS and CA, Family Division, 9th March 2007

JE and (1) DE (by his litigation friend the Official Solicitor), (2) Surrey County Council, (3) EW, Family Division, 29th December 2006

B Borough Council v Mrs. S and Mr. S (represented by the Official Solicitor as Litigation Friend), Family Division, 23rd October 2006

HL v UK, European Court of Human Rights, 5th October 2004

Re G (an adult) (mental capacity: court's jurisdiction), Family Division, 26th July 2004

R (on the application of S by her mother and litigation friend Sandra Branch) v Leicester City Council, Administrative Court, 29th March 2004

London Borough of Newham v BS & Anor, Family Division, 31st July 2003

In re F (Adult: Court's Jurisdiction), Court of Appeal, 26th June 2000

R v R (Interim Declaration: Adult's residence), Family Division, 3rd December 1999

D-R v D-R and Another, Court of Appeal, 2nd February 1999

R v Kent County Council, ex parte Marston, Queen's Bench Division, 9th July 1997

Cambridgeshire County Council v R (An adult), Family Division, 20th July 1994

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