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In the Court of Protection

You can’t have missed the poisoning of Sergei Skripal and his daughter Yulia in Salisbury recently (and if you have, where have you been?)

What is not so widely known is that they found themselves the subject of a Court of Protection case. The Court had to decide whether it was in their best interests for the Organisation for the Prohibition of Chemical Weapons to collect and analyse fresh blood samples, examine recent medical records and re-test existing samples. This needed urgent authorisation by the Court of Protection as both Mr Skripal and his daughter did not have mental capacity at that particular time to consent, being either unconscious or heavily sedated.


This is a good example of the Mental Capacity Act 2005 in practice and permission was subsequently granted by the Court. Now that they are thankfully on the road to recovery, and have regained mental capacity, any further decisions are no longer under the jurisdiction of the Mental Capacity Act 2005 or the Court of Protection.   


For further information on Court of Protection contact our Specialist Health & Community Care Team on 01926 491181 or email

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