YA(F) and A Local Authority & Ors

YA(F) and A Local Authority & Ors

The Court of Protection has jurisdiction to hear and determine Human Rights Act claims by both P and family members (such as the mother) where the acts complained of are done in relation to P, and to grant declaratory relief. The Court of Protection also has jurisdiction to award damages under the Human Rights Act, as it has the same powers as the High Court in connection with its jurisdiction, including the power to award damages.

Parties
Claimant (mother): YA(F); First Defendant: A Local Authority; Second Defendant (son): YA(M); Third Defendant: A NHS Trust; Fourth Defendant: A Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
02 September 2010
Procedural Posture
Human Rights/capacity / Ruling on Jurisdiction and Costs
Outcome
Application to strike out the mother's Human Rights Act claim dismissed; no transfer of son's damages claim required; directions given for case management.
Legal Topics
Jurisdiction of Court of Protection, Damages Under Human Rights Act, Article 8 ECHR, Section 7 Human Rights Act, Section 15 Mental Capacity Act, Declaratory Relief, Costs
Human Rights Law Mental Capacity Law Civil Procedure Jurisdiction of Court of Protection Damages Under Human Rights Act Article 8 ECHR Section 7 Human Rights Act Section 15 Mental Capacity Act +2 more

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Parties

YA(F)

Claimant (mother)

A Local Authority

First Defendant

YA(M)

Second Defendant (son)

A NHS Trust

Third Defendant

A Primary Care Trust

Fourth Defendant

Procedural Posture

Human Rights/capacity / Ruling on Jurisdiction and Costs

Legal Issues

  1. 1 Does the Court of Protection have jurisdiction to hear and determine Human Rights Act claims by family members (the mother) as well as P (the son)?
  2. 2 Does the Court of Protection have jurisdiction to award damages under the Human Rights Act?
  3. 3 Should the mother's Human Rights Act claim be struck out for want of jurisdiction?

Ratio Decidendi

The Court of Protection has jurisdiction to hear and determine Human Rights Act claims by both P and family members (such as the mother) where the acts complained of are done in relation to P, and to grant declaratory relief. The Court of Protection also has jurisdiction to award damages under the Human Rights Act, as it has the same powers as the High Court in connection with its jurisdiction, including the power to award damages.

Court Disposition

Application to strike out the mother's Human Rights Act claim dismissed; no transfer of son's damages claim required; directions given for case management.

Orders

  • Application by Local Authority (supported by NHS Trust and Official Solicitor) to strike out mother's Human Rights Act claim dismissed.
  • No order for transfer of son's damages claim to Queen's Bench Division; proceedings to be treated as before both courts for case management.