KK v Leeds City Council & Anor

KK v Leeds City Council & Anor

Although KK has sufficient interest, it is not desirable to join her as a party because the adverse consequences for DK’s welfare and participation outweigh the benefits. Joinder would undermine DK’s best interests, inhibit her engagement, and interfere with her rights under Article 6 and 8. Consultation with KK under s.4(7) MCA 2005 is a fair and sufficient means of participation in these circumstances.

Parties
Applicant (for Joinder): KK; First Respondent: Leeds City Council; Second Respondent: DK (by the Official Solicitor as her Litigation Friend)
Jurisdiction
England and Wales
Judgment Date
23 June 2020
Procedural Posture
Court of Protection Joinder Application / Ruling on Application for Joinder as Party
Outcome
Application for joinder refused
Legal Topics
Joinder of Parties, Best Interests, Disclosure, Participation Rights
Mental Capacity Law Court of Protection Joinder of Parties Best Interests Disclosure Participation Rights

Case Brief

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Parties

KK

Applicant (for Joinder)

Leeds City Council

First Respondent

DK (by the Official Solicitor as her Litigation Friend)

Second Respondent

Procedural Posture

Court of Protection Joinder Application / Ruling on Application for Joinder as Party

Legal Issues

  1. 1 Whether KK should be joined as a party to the Court of Protection proceedings concerning DK
  2. 2 Whether joinder is desirable under rule 9.13(2) of the Court of Protection Rules 2017
  3. 3 How to balance DK’s best interests with KK’s participation

Ratio Decidendi

Although KK has sufficient interest, it is not desirable to join her as a party because the adverse consequences for DK’s welfare and participation outweigh the benefits. Joinder would undermine DK’s best interests, inhibit her engagement, and interfere with her rights under Article 6 and 8. Consultation with KK under s.4(7) MCA 2005 is a fair and sufficient means of participation in these circumstances.

Court Disposition

Application for joinder refused

Orders

  • KK’s application to be joined as a party is refused