Court of Protection Hub
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News & Views
  • About the book
  • About the site

News & views

Supreme Court decision  in N v ACCG to be handed down on 22 March

16/3/2017

 
The Supreme Court will hand down its judgment in the case of N v ACCG and others on 22 March 2017

The bare bones facts of the case are that the appellant's son, MN, has complex disabilities and lacks capacity to litigate and to make decisions for himself. He lives in an adult residential placement in the area of the first respondent, who has refused to fund home visits. The Court of Protection then refused to undertake an assessment of whether home visits were in MN's best interests, on the basis that they did not have jurisdiction to do so since home visits were not an available option. The appellant appealed.

The Supreme Court heard the appeal on 15 and 16th December and the judgment will look at two key issues: 
  1. Whether a commissioning body can, by its decision not to fund a particular option for contact, remove the jurisdiction of the Court of Protection to make a best interests decision about contact?
  2. Whether the failure to conduct a best interests assessment and/or determine the facts breached Mr N's rights under the ECHR to a fair trial and a family life?
A summary & discussion of the judgment subject to the appeal (MN (Adult) [2015] EWCA Civ 411) can be found here.

Comments are closed.
    Stay up to date with changes to policy and procedure.

    Sign up for our free email alert

    We do not share your details with any third parties and you can unsubscribe at any time.

    RSS Feed


    More from Bath Publishing




    Browse

    Categories

    All
    Best Interests
    Capacity
    Committal Order
    Compensation
    Costs
    Deputies
    DoLS
    End Of Life Decisions
    Finance
    Human Rights
    Jurisdiction
    Liberty Protection Safeguards
    LPAs
    Medical Treatment
    Mental Health Act
    Official Solicitor
    OPG
    Powers Of Attorney
    Procedure
    Public Funding
    Reporting
    Statutory Will
    Training
    Treatment
    Trustees
    Welfare


    Archives

    December 2022
    November 2022
    September 2022
    August 2022
    June 2022
    March 2022
    February 2022
    December 2021
    August 2021
    July 2021
    June 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    January 2020
    December 2019
    September 2019
    June 2019
    May 2019
    February 2019
    January 2019
    December 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015




Picture
This site is published by Bath Publishing Limited
www.bathpublishing.com
Manage your email preferences
Read the Bath Publishing Privacy Policy
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News & Views
  • About the book
  • About the site