A Local Authority v C & Ors

A Local Authority v C & Ors

The interpretation of s.39 SOA 2003 is directly relevant to P and constitutes a decision capable of appeal; the case raises issues of public importance and potential conflicting interpretations within the Division, justifying permission to appeal under CPR 52.6(1)(b).

Parties
Applicant: A Local Authority; 1st Respondent: C (by his litigation friend, AB); 2nd Respondent: A Clinical Commissioning Group; 3rd Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
26 April 2021
Procedural Posture
Court of Protection Application / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Interpretation of S.39 Sexual Offences Act 2003, Appeal Procedure Under Civil Procedure Rules, Jurisdiction of Court of Protection
Mental Capacity Law Criminal Law Public Law Interpretation of S.39 Sexual Offences Act 2003 Appeal Procedure Under Civil Procedure Rules Jurisdiction of Court of Protection

Case Brief

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Parties

A Local Authority

Applicant

C (by his litigation friend, AB)

1st Respondent

A Clinical Commissioning Group

2nd Respondent

Secretary of State for Justice

3rd Respondent

Procedural Posture

Court of Protection Application / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted regarding the interpretation of s.39(1)(a) Sexual Offences Act 2003
  2. 2 Whether the judgment constitutes a 'decision' within the meaning of s.53 Mental Capacity Act 2005

Ratio Decidendi

The interpretation of s.39 SOA 2003 is directly relevant to P and constitutes a decision capable of appeal; the case raises issues of public importance and potential conflicting interpretations within the Division, justifying permission to appeal under CPR 52.6(1)(b).

Court Disposition

Permission to appeal granted

Orders

  • Stay on release of judgment to public domain until 12 noon, Thursday, 29th April 2021
  • Permission to appeal granted to the Secretary of State for Justice