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The OS was seeking declarations that the LA had failed in its duties under the Children Act 1989 and the Care Act 2014 in respect of the P. The declarations were made and costs were awarded against the LA.
Appeal against inability to charge higher rates for deputies although the hourly rate had not been reviewed since 2010. Appeal allowed.
The court had to decide if the professional deputy could be remunerated at a higher rate than public authority deputies. The court concluded that he could not.
Judgment concerning whether, and in what circumstances, the deputy can recover from the protected person’s assets costs which have been or are likely to be incurred in legal proceedings.
Application for costs where the Public Guardian had sought orders to replace the applicant as attorney and the original suspension of the LPA had been overturned. An order for 50% of costs was made.
Judgment relating to costs arising from an application by TQ to be made to be made a health and welfare deputy. She is the former key worker for P. P has a life long diagnosis of Lennox-Gastaut Syndrome (a severe form of epilepsy), cannot walk, requires 24 hour care and has no contact with family members.
Application in respect of costs within proceedings brought under Section 21A of the Mental Capacity Act 2005 was dismissed.
Costs were awarded against London Borough of Lambeth and the Lambeth Clinical Commissioning Group on the basis a) that the proceedings should never have been brought and b) their conduct of the proceedings once commenced.
Costs were awarded against the LA after a dispute in which the LA alleged the mother had mismanaged the P's funds.
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 |
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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