A Local Authority v C & Ors [2021] EWCOP 26 (26 April 2021)

A Local Authority v C & Ors [2021] EWCOP 26 (26 April 2021)

Permission to appeal is granted because the statutory interpretation of s.39(1)(a) SOA 2003 is a decision directly involving P, and the case raises issues of compelling public interest and potential policy tension that warrant appellate consideration under CPR 52.6(1)(b).

Citation
[2021] EWCOP 26
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
Statutory Interpretation, Sexual Offences Act 2003 S.39, Appeal Procedure, Public Policy
Mental Capacity Law Criminal Law Public Law Statutory Interpretation Sexual Offences Act 2003 S.39 Appeal Procedure Public Policy

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 statutory interpretation of s.39(1)(a) SOA 2003 is a decision involving P for the purposes of appeal under s.53 Mental Capacity Act 2005

Ratio Decidendi

Permission to appeal is granted because the statutory interpretation of s.39(1)(a) SOA 2003 is a decision directly involving P, and the case raises issues of compelling public interest and potential policy tension that warrant appellate consideration under CPR 52.6(1)(b).

Court Disposition

Permission to appeal granted

Orders

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