Can, or should, the court appoint as deputy the holder of a specified office or position (as distinct from a named individual holding such office at the time of the appointment)? Yes, as long as certain conditions are met.

An application was made by the current holder of the post for the appointment of “The Head of Business Development & Client Finance” of Focus Independent Adult Social Work C.I.C. as property and affairs deputy for the P. The court had to decide whether the current holder of such a post, as opposed to a named individual, could be appointed as deputy, and, if they could, whether there should be any specific requirements in the order of appointment in respect of notification to the court and/or the OPG of any change to the holder of the office of Head of Business Development and Client Finance at the Applicant company.

The court held that such an appointment could be made on condition that the deputyship order shall specifically include requirements that the holder of the post of Head of Business Development & Client Finance at the date of the appointment notifies the Public Guardian forthwith if:

• she ceases to hold that post; and/or
• there is any change to the competence of Focus Independent Adult Social Work C.I.C. to carry out the functions of deputyship, by variation of its Articles of Association or otherwise. 

Read the full text of the judgment on Bailii

The LA was ordered to pay half of the Official Solicitor's costs because of the LA's failure to make a timely application to review the P's deprivation of liberty, thus necessitating the involvement of the OS.

A review of the P's deprivation of liberty was not made by the LA in accordance with a previous court order, leading to delays in arranging an alternative placement for him and also the involvement of the OS. The OS was seeking a costs order against the LA in the sum of over £25,000, saying that but for the conduct of the LA, the streamlined procedure may have been appropriate. There would therefore have been no need for the OS to act (and incur costs) at all. The involvement of the OS was necessary and appropriate primarily because of the conduct of the applicant authority in failing to make timely application for review; or alternatively because, having failed to make a timely application, the placement had broken down and an urgent move was required.

The court ordered the LA to pay half the costs incurred by the OS. The explanations for the failure to comply with the requirement to apply for review, in so far as any explanations had been offered, were wholly inadequate. However, the court was not persuaded that a timely application for review would have avoided the need for the Official Solicitor's involvement completely.

Read the full text of the judgment on Bailii

A scathing judgment where the Judge made critical findings against the London Borough of Lambeth and Lambeth CCG for their handling of the repatriation of the P to Colombia.

Application by the P's son to receive authority from the court to make gifts from the P's estate in the sum of £7m.  The authorisation was granted.