VE, Re [2016] EWCOP 16 (10 March 2016)

VE, Re [2016] EWCOP 16 (10 March 2016)

A friend of VE is appointed as Rule 3A representative because she is able to assist the Court from the perspective of P's best interests without causing unnecessary distress, and clear guidance for lay representatives is necessary to ensure effective participation and procedural fairness.

Citation
[2016] EWCOP 16
Parties
Applicant Authority: Blackburn with Darwen Borough Council; Respondents: Secretary of State for Health and Secretary of State for Justice; Litigation Friend for P (ve): Official Solicitor; Intervener (written Submissions Only): Law Society of England and Wales
Jurisdiction
England and Wales
Judgment Date
10 March 2016
Procedural Posture
Court of Protection Mental Capacity Act 2005 / Appointment of Rule 3 a Representative; Procedural Guidance
Outcome
Friend of VE appointed as Rule 3A representative; explanatory guidance to be provided to lay representatives.
Legal Topics
Deprivation of Liberty Safeguards (do Ls), Appointment of Rule 3 a Representative, Best Interests, Procedural Guidance
Mental Capacity Law Human Rights Law Public Law Deprivation of Liberty Safeguards (do Ls) Appointment of Rule 3 a Representative Best Interests Procedural Guidance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Blackburn with Darwen Borough Council

Applicant Authority

Secretary of State for Health and Secretary of State for Justice

Respondents

Official Solicitor

Litigation Friend for P (ve)

Law Society of England and Wales

Intervener (written Submissions Only)

Procedural Posture

Court of Protection Mental Capacity Act 2005 / Appointment of Rule 3 a Representative; Procedural Guidance

Legal Issues

  1. 1 Whether a family member or friend should be appointed as Rule 3A representative for P (VE)
  2. 2 How to provide effective guidance to lay Rule 3A representatives
  3. 3 Procedural requirements for authorising deprivation of liberty

Ratio Decidendi

A friend of VE is appointed as Rule 3A representative because she is able to assist the Court from the perspective of P's best interests without causing unnecessary distress, and clear guidance for lay representatives is necessary to ensure effective participation and procedural fairness.

Court Disposition

Friend of VE appointed as Rule 3A representative; explanatory guidance to be provided to lay representatives.

Orders

  • Appointment of VE's friend as Rule 3A representative under Rule 3A.
  • Explanatory note to be attached to the order for the benefit of the representative.