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Risk v Restrictions


A recent case from the Court of Protection provides a valuable example of the complex of issue of managing risk versus restrictions for people living in the community who lack mental capacity to their care and support needs and present risks to themselves and or others. It is a short and highly readable case. The judge authorises a care plan that attempts to balance risk with acceptable restrictions and states: ‘It strikes the right balance between keeping Michael safe on the one hand and allowing him to do what he wants to do- including making some mistakes- on the other.’


Download the case from here: MM v A City Council [2021] EWCOP 62


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