M, Re Mental Capacity Act 2005 [2017] EWCOP 24

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.

Broadly the dispute had arisen because of a compromise agreement concerning the funding of P's education and welfare between the LA and the Learning and Skills Council. It was argued by the LA that the agreement did not allow for means testing the benefits received by the parents so it was outside their powers to fund unconditionally. The LA tried to recoup the costs through payments from the parents but they refused to contribute so the LA sought to trigger the bond, on the grounds that the refusal to pay was a failure to fulfil the duties of a Deputy. 

HHJ Purle rejected that saying the compromise agreement was clearly intra vires. He also rejected issues regarding a wasted costs order as the Court of Protection did not have jurisdiction in the matter.

Read the full judgment on Bailii.