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News & views

New case alert: P v Kent County Council [2015] EWCOP 89

26/2/2016

 
Application by P acting through his litigation friend, the Official Solicitor, for an order under section 21A of the Mental Capacity Act 2005 discharging the standard authorisation which authorises a deprivation of liberty in his current accommodation.

This case is no longer available on Bailii

New case alert: PB v RB & Anor [2016] EWHC COP 12

26/2/2016

 
Son of the Patient was seeking orders to have his mother returned home from the care home where she was currently living, and an order that certain restrictions on the times he could visit his mother should be lifted.

Read the full text of the judgment on Bailii

New  report forms for court appointed deputies  from 1 March 2016

25/2/2016

 
The OPG has announced that there will be new report forms for court appointed deputies from 1 March 2016.

Two new forms will replace the existing combined one. OPG102 will be used for property and finance and OPG104 for health and welfare. A shorter form of the OPG102, which will be known as the OPG103, will also be available for use by existing property and finance deputies assessed under minimal supervision when they report for the first time.

All other deputies, both new and old, will be asked to complete either the OPG102 or OPG104 depending on their court order. This will need to be done annually.

The changes are partly to improve safeguarding as in both forms there will be a requirement to give more detail about the client's care and funding to assess whether the client is receiving the appropriate level of support. According the OPG these new sections will act as 

"early indicators that a client may be at risk of neglect or a red flag that the client is not receiving adequate support. If there are any inconsistencies, we can act quickly and investigate further."

As well as the new report forms, professional and public authority deputies will be asked for more information about their fees and charges, using the new professional fees insert (OPG105) or the public authority deputy fees insert (OPG106).

There is a transitional period from 1 March to 1 September  2016 when deputies can use either the old or new versions.

The forms are not yet available on the OPG website but we will let you know when they are. You can however read the full news release here. 

New case alert: Clarke [2016] EWCOP 11

24/2/2016

 
Application by one of P's sons to sell her house and a request by other parties for access to the property in order to inspect and maintain it. Both application and request were refused.

​Read the full text of the judgment on Bailii

New case alert:  CS (Termination of Pregnancy) [2016] EWCOP 10

22/2/2016

 
Application by a Hospital Trust for orders in respect of a young woman who is said to lack capacity and in respect of whom the Trust seeks an order that it would be in her best interests to undergo surgery terminating her current pregnancy. The order was made.

Read the full text of the judgment on Bailii
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