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The scope of the court’s jurisdiction
 
The scope of the court’s jurisdictionMedical treatment cases:scope of court’s jurisdictionMedical treatment cases
22.3As set out in chapter 4, the Court of Protection has jurisdiction regarding (among other matters) medical treatment in relation to those aged 16 and above who lack the material decision-capacity. Conventionally, medical treatment cases involving those below the age of 18 have been brought before the High Court for relief under its inherent jurisdiction; however, where a 16- or 17-year-old is considered to lack decision-making capacity, it would be equally possible to bring the case to the Court of Protection. If the concern on the part of the treating clinicians is not that the individual (aged 16 or over) lacks capacity but that they are vulnerable and under the influence of another, then the appropriate route would be, again, to seek relief from the High Court under the inherent jurisdiction.
The scope of the court’s jurisdiction
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