Surrey County Council v MB & Ors [2007] EWHC 3085 (Fam) (09 October 2007)

Surrey County Council v MB & Ors [2007] EWHC 3085 (Fam) (09 October 2007)

The court has jurisdiction under the Mental Capacity Act 2005 to authorise MB's transfer and, if necessary, compulsion and deprivation of liberty at the Wincroke Unit, as MB lacks capacity and such measures are in his best interests. Although the Mental Health Act provides a primary statutory code for detention, in the absence of an application under that Act and given the imminent risk of eviction, the court should exercise its discretion under the Mental Capacity Act. Injunctive relief against SB remains warranted to protect MB's welfare.

Citation
[2007] EWHC 3085 (Fam)
Parties
Claimant: Surrey County Council; First Defendant: MB (by his litigation friend the Official Solicitor); Second Defendant: SB; Third Defendant: Buckinghamshire PCT; Fourth Defendant: Oxfordshire Learning Disability Trust (OLDT)
Jurisdiction
England and Wales
Judgment Date
09 October 2007
Procedural Posture
Family/health and Welfare / Post Hearing Judgment on Transfer, Declarations, and Consolidation With Judicial Review
Outcome
Declarations and injunctive relief continued and extended; proceedings transferred to the Court of Protection; authorisation for compulsion granted; judicial review consolidated and permission granted.
Legal Topics
Best Interests, Capacity, Deprivation of Liberty, Jurisdiction Transfer, Statutory Interpretation, Injunctions, Declaratory Relief
Mental Capacity Mental Health Family Law Judicial Review Best Interests Capacity Deprivation of Liberty Jurisdiction Transfer +3 more

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Parties

Surrey County Council

Claimant

MB (by his litigation friend the Official Solicitor)

First Defendant

SB

Second Defendant

Buckinghamshire PCT

Third Defendant

Oxfordshire Learning Disability Trust (OLDT)

Fourth Defendant

Procedural Posture

Family/health and Welfare / Post Hearing Judgment on Transfer, Declarations, and Consolidation With Judicial Review

Legal Issues

  1. 1 Whether MB lacks capacity to make decisions regarding residence, care, and treatment
  2. 2 Whether it is lawful and in MB's best interests to be moved to and detained at a hospital unit
  3. 3 Whether the court should exercise powers under the Mental Capacity Act 2005 or require use of the Mental Health Act 1983

Ratio Decidendi

The court has jurisdiction under the Mental Capacity Act 2005 to authorise MB's transfer and, if necessary, compulsion and deprivation of liberty at the Wincroke Unit, as MB lacks capacity and such measures are in his best interests. Although the Mental Health Act provides a primary statutory code for detention, in the absence of an application under that Act and given the imminent risk of eviction, the court should exercise its discretion under the Mental Capacity Act. Injunctive relief against SB remains warranted to protect MB's welfare.

Court Disposition

Declarations and injunctive relief continued and extended; proceedings transferred to the Court of Protection; authorisation for compulsion granted; judicial review consolidated and permission granted.

Orders

  • Proceedings transferred to the Court of Protection and to continue as if originally commenced there.
  • MB joined as a party and Official Solicitor confirmed as his representative.