Application by local authority to recover monies and costs through triggering of a bond taken out by E, P's parent, who was acting as Deputy at the time the bond was taken out. Application refused.
Appeal against a decision involving the deprivation of liberty of a 16 year old boy. The appeal was allowed on one ground.
The Patient's son (with the support of the rest of the family) was seeking a declaration that it was not in his mother’s best interests that CANH should be continued, with the inevitable and foreseeable consequence that she would shortly thereafter die. The court concluded that it was not in her best interests; it followed that the discontinuance of the CANH treatment was therefore lawful.
The Salford Royal NHS Foundation Trust was seeking a declaration that it was in the Patient’s (who is in a Minimally Conscious State (MCS)) best interests to receive clinical treatment including clinically assisted artificial nutrition and hydration (CANH). The application was refused.
The issue in this case was whether it was in the best interests of the vulnerable and sexually unaware Patient to administer contraception. The court held that it was.
LA's application for permission to deprive the child Patient of his liberty in circumstances where there was no secure accommodation available.
The Patient, a 13 year old child, had displayed a desperate history and catalogue of very seriously uncontrolled behaviour, damaging both to himself and to others. As a result he had been placed in no less than six different residential settings. Each such setting ultimately broke down, sometimes very rapidly, as the staff there were simply unable to manage his behaviour and keep him safe. The LA would have wished by last June to place the child in an approved secure accommodation placement. Such placements are currently very scarce and they were unable to find one. So it was that they hoped to place him in a unit which is not approved secure accommodation at X. Their plan was, however, that within X he should, if necessary, be subject to considerable restraint, including physical restraint, in order to keep him safe and prevent him from absconding, as he had done on occasions in the past. It is not necessary to apply to the High Court for a secure accommodation order. However, as no approved secure accommodation was available, the LA required the authorisation of a court for the inevitable deprivation of liberty of the child which would be involved.
Mr Justice Holman expressed his concern over the way in which applications of this sort are handled, saying that "the device of resort to the inherent jurisdiction of the High Court is operating to by-pass the important safeguard under the regulations of approval by the Secretary of State of establishments used as secure accommodation. There is a grave risk that the safeguard of approval by the Secretary of State is being denied to some of the most damaged and vulnerable children. This is a situation which cannot go on, and I intend to draw it to the attention of the President of the Family Division." The judge ordered that the child now be joined as a party to these proceedings and Cafcass must forthwith allocate a guardian to act on his behalf. A further hearing was ordered to be fixed in one month.
Read the full text of the judgment on Bailii
Judgment considering whether the mother and carer of a patient deprived of his liberty while receiving care at home should be able to act as his Rule 3A representative.
P has profound learning difficulties and is
"unable to communicate or mobilise independently, is frequently strapped into his wheelchair, is kept for some of the time in a padded room at his home with a closed door that he cannot open, is highly resistive to personal care interventions so that physical restraint is required, and does not have external carers in the home."
In these circumstances the Official Solicitor submitted that the mother, JA, should be considered "manifestly unsuitable" as the Rule 3A representative as such a person should not be a person who has a significant degree of involvement in the acts that constitute the deprivation of liberty
SCCG, the commissioning provider, argued instead that JA had shown herself to be capable of carrying out the role, and following Re VE  EWCOP 16, the fact that a family member has firm views about P's best interests and plays a part in depriving P of his liberty, does not debar her from acting as litigation friend.
District Judge Bellamy, while agreeing with the OS that the court should take great care in exercising its discretion in such situations, did not go further, concluding:
"If it be the case that a family member or friend who is so involved puts themselves forward to act as representative or litigation friend, subject to that scrutiny being carried out there can be no blanket objection, in principle, to their ability to undertake the role."
He also sets out some guidelines for the issues that the court should consider in determining the issue
Read the judgment on Bailii
This judgment considered whether legal proceedings were necessary when there was agreement between the Patient's family and her clinicians that CANH was no longer in her best interests. The judge concluded that they were not.
Application made by the Patient's mother for a declaration and order that it is in the Patient's best interests to receive stem cell treatment for his brain injury at a clinic in Belgrade in Serbia. Provisional consent was given although several further steps needed to be taken before the court gave its final approval.
The Patient was a Lance Corporal who was knocked unconscious in June 2013, while serving abroad, after being assaulted in a bar by another member of the regiment. He lacks capacity as a result of a traumatic brain injury. His mother was applying for a declaration and order that it is in his best interests to receive stem cell treatment for his brain injury at a clinic in Belgrade in Serbia. The application was opposed by the Official Solicitor, who has been appointed to act as the Patient's litigation friend in the proceedings, and by the MOD who are responsible for his care and treatment.
The court approved the application with the proviso that further steps needed to be taken first, saying that it was almost certain that the Patient will be much more than miserable if he is denied the opportunity to have stem cell treatment. His reaction would not be confined to mere "disappointment" - it was highly likely that he would demonstrate an adverse reaction in his behaviour which may significantly impede and delay his rehabilitation.
Read the full text of the judgment on Bailii
The court approved the proposed settlement by the LA to the Patient following his successful claim for damages against them.
Case summaries, prepared by our site editors, of every Court of Protection & other relevant decisions with links to the full judgment where available.
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