YA(F) and A Local Authority & Ors [2010] EWCOP 2770 (02 September 2010)

YA(F) and A Local Authority & Ors [2010] EWCOP 2770 (02 September 2010)

The Court of Protection has jurisdiction to hear and grant remedies for Human Rights Act claims brought by both P and family members where acts are done in relation to P, including declaratory relief and damages, because its powers under s.47(1) Mental Capacity Act 2005 are equivalent to those of the High Court, which can award damages under the HRA. The application to strike out the mother's claim is dismissed.

Citation
[2010] EWCOP 2770
Parties
Claimant: YA(F) (the mother); First Defendant: A Local Authority; Second Defendant: YA(M) (the son); Third Defendant: A NHS Trust; Fourth Defendant: A Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
02 September 2010
Procedural Posture
Court of Protection Application / Jurisdictional Challenge and Costs Ruling
Outcome
Application to strike out the mother's Human Rights Act claim dismissed; Court of Protection has jurisdiction to hear both claims and award damages.
Legal Topics
Jurisdiction of Court of Protection, Human Rights Act 1998, Damages Under HRA, Article 8 ECHR, Article 5 ECHR, Article 6 ECHR, Declaratory Relief, Best Interests, Family Relationships
Mental Capacity Human Rights Public Law Jurisdiction of Court of Protection Human Rights Act 1998 Damages Under HRA Article 8 ECHR Article 5 ECHR +4 more

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Parties

YA(F) (the mother)

Claimant

A Local Authority

First Defendant

YA(M) (the son)

Second Defendant

A NHS Trust

Third Defendant

A Primary Care Trust

Fourth Defendant

Procedural Posture

Court of Protection Application / Jurisdictional Challenge and Costs Ruling

Legal Issues

  1. 1 Does the Court of Protection have jurisdiction to hear and grant remedies for Human Rights Act claims brought by family members (the mother) as well as by P (the son)?
  2. 2 Does the Court of Protection have jurisdiction to award damages under the Human Rights Act 1998?

Ratio Decidendi

The Court of Protection has jurisdiction to hear and grant remedies for Human Rights Act claims brought by both P and family members where acts are done in relation to P, including declaratory relief and damages, because its powers under s.47(1) Mental Capacity Act 2005 are equivalent to those of the High Court, which can award damages under the HRA. The application to strike out the mother's claim is dismissed.

Court Disposition

Application to strike out the mother's Human Rights Act claim dismissed; Court of Protection has jurisdiction to hear both claims and award damages.

Orders

  • Application to strike out the mother's claim dismissed.
  • No transfer of son's damages claim required; both claims to proceed in Court of Protection.