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Application by the P acting through her litigation friend the Official Solicitor for an order committing a relative of the P, Ms Griffith, to prison for contempt arising out of her alleged interference with the due administration of justice. Ms Griffith was sentenced to 12 months imprisonment.
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.
Appeal against a court decision that the P lacked capacity to make decisions about his residence and care. The appeal was allowed.
The court had to decide whether the P, who was about to be discharged from a neuro-rehabilitation unit, should live in the marital home or a residential care home. A marital home trial was agreed.
Application by the OS discharging a previous order for the instruction of a third independent expert psychiatrist, to assess the P’s capacity to make decisions about contact with other people. The court made the order sought.
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.
The court had to decide if the P, who lives in a flat in supported accommodation, was being deprived of her liberty. The court ruled that she was.
Declarations were made that the P, who suffered from anorexia nervosa, did not have capacity to make decisions about her treatment for the condition, nor was it in her best interests to receive any further treatment.
Where a deputy wishes to discontinue in the role, an application must be made to the court.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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