CB, Re [2021] EWCOP 43

​​Application by the sister of the P to be made her personal welfare deputy and also for costs against the LA. Both applications were refused.

The sister of the P and the LA had not enjoyed a positive or productive working relationship over the last few years although this relationship has improved with the appointment of a new social worker. The sister was applying to be the P's personal welfare deputy, not on the basis of being able to make decisions for her but rather to give her status and standing in her engagement with the social care and medical professionals involved in the P's life. She was also applying for costs against the LA alleging that the LA had conducted this litigation unreasonably which merited a departure from the usual rule of no order as to costs.

The court dismissed both applications. The reality of this application is it was not to seek authority to make decisions, it was in relation to status and a desire to be taken seriously, and listened to by professionals who care for or are involved in the care of, or the treatment of, the P. The court did not consider this to be an appropriate ground to support an application for deputyship within the meaning of s.16 of the 2005 Act. In relation to costs, the court was not persuaded that the LA had conducted this litigation in such a manner which could properly be characterised as unreasonable or otherwise came within the ambit of conduct as defined in s.16(2) of the Act.

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