MN (Adult)

MN (Adult)

The Court of Protection is limited to determining best interests among available options; it cannot compel public authorities to provide or fund services not offered. Human rights claims must be properly pleaded and are not a basis for expanding the court's jurisdiction. The appeals are dismissed as the judge correctly applied the law.

Parties
First Appellant: Mr N; Second Appellant: Mrs N; First Respondent: ACCG; Second Respondent: ACC; Third Respondent: MN (by the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Court of Protection Jurisdiction, Best Interests Determination, Available Options Principle, Judicial Review, Human Rights Act Claims
Mental Capacity Public Law Human Rights Court of Protection Jurisdiction Best Interests Determination Available Options Principle Judicial Review Human Rights Act Claims

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Parties

Mr N

First Appellant

Mrs N

Second Appellant

ACCG

First Respondent

ACC

Second Respondent

MN (by the Official Solicitor)

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Court of Protection can determine best interests beyond available options when a public authority refuses to fund or provide services
  2. 2 Whether failure to conduct a full best interests assessment breaches Article 8 and/or Article 6 of the ECHR

Ratio Decidendi

The Court of Protection is limited to determining best interests among available options; it cannot compel public authorities to provide or fund services not offered. Human rights claims must be properly pleaded and are not a basis for expanding the court's jurisdiction. The appeals are dismissed as the judge correctly applied the law.

Court Disposition

appeal dismissed

Orders

  • Appeals of Mr and Mrs N dismissed
  • No order compelling ACCG or ACC to fund or provide additional services