YA(F) v A Local Authority

YA(F) v A Local Authority

The Court of Protection has jurisdiction to hear Human Rights Act claims brought by both P and family members regarding acts done in relation to P, and has power to award damages under the Human Rights Act by virtue of s.47(1) Mental Capacity Act conferring High Court powers.

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
Human Rights Act Claim in Court of Protection / Ruling on Jurisdiction and Costs
Outcome
Application to strike out mother's Human Rights Act claim dismissed; Court of Protection has jurisdiction to hear claims and award damages.
Legal Topics
Jurisdiction of Court of Protection, Convention Rights, Declaratory Relief, Damages Under Human Rights Act, Costs
Human Rights Mental Capacity Family Law Jurisdiction of Court of Protection Convention Rights Declaratory Relief Damages Under Human Rights Act Costs

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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

Human Rights Act Claim in Court of Protection / Ruling on Jurisdiction and Costs

Legal Issues

  1. 1 Does the Court of Protection have jurisdiction to hear Human Rights Act claims by family members?
  2. 2 Can the Court of Protection award damages under the Human Rights Act?
  3. 3 Should the mother's Human Rights Act claim be struck out for lack of jurisdiction?

Ratio Decidendi

The Court of Protection has jurisdiction to hear Human Rights Act claims brought by both P and family members regarding acts done in relation to P, and has power to award damages under the Human Rights Act by virtue of s.47(1) Mental Capacity Act conferring High Court powers.

Court Disposition

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

Orders

  • Local Authority and NHS Trust to pay one half of the Claimant's costs incurred by the strike out application; other half reserved.
  • Son's costs of and in respect of the strike out application reserved.