YA(F) v A Local Authority [2010] EWHC 2770 (Fam) (02 September 2010)

YA(F) v A Local Authority [2010] EWHC 2770 (Fam) (02 September 2010)

The Court of Protection has jurisdiction to consider and grant remedies for Human Rights Act claims brought by both P and family members, including declaratory relief and damages, as its powers under section 47(1) Mental Capacity Act 2005 are equivalent to those of the High Court and encompass the ability to award damages under the Human Rights Act.

Citation
[2010] EWHC 2770 (Fam)
Parties
Claimant: YA(F); First Defendant: A Local Authority; Second Defendant: YA(M); 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 Proceedings / Ruling on Jurisdiction and Strike Out Application
Outcome
Application to strike out the mother's Human Rights Act claim dismissed; Court of Protection has jurisdiction to hear and grant remedies for both mother and son, including damages.
Legal Topics
Jurisdiction of Court of Protection, Human Rights Act 1998, Damages Under Human Rights Act, Declaratory Relief, Article 8 ECHR, Article 5 ECHR, Article 6 ECHR
Mental Capacity Human Rights Public Law Jurisdiction of Court of Protection Human Rights Act 1998 Damages Under Human Rights Act Declaratory Relief Article 8 ECHR +2 more

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Parties

YA(F)

Claimant

A Local Authority

First Defendant

YA(M)

Second Defendant

A NHS Trust

Third Defendant

A Primary Care Trust

Fourth Defendant

Procedural Posture

Court of Protection Proceedings / Ruling on Jurisdiction and Strike Out Application

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 consider and grant remedies for Human Rights Act claims brought by both P and family members, including declaratory relief and damages, as its powers under section 47(1) Mental Capacity Act 2005 are equivalent to those of the High Court and encompass the ability to award damages under the Human Rights Act.

Court Disposition

Application to strike out the mother's Human Rights Act claim dismissed; Court of Protection has jurisdiction to hear and grant remedies for both mother and son, including damages.

Orders

  • Application to strike out the mother's Human Rights Act claim dismissed.
  • Court of Protection to treat as before it the Queen's Bench Division proceedings for both mother's and son's Human Rights Act damages claims at the next hearing.