AB v LCC (A Local Authority)

AB v LCC (A Local Authority)

There is no legal impediment to a Relevant Person’s Representative (RPR) acting as litigation friend for P in a s21A Mental Capacity Act 2005 application, provided the RPR is not already a party, meets the statutory conditions for appointment, is willing to act in P’s best interests, and the procedural requirements are satisfied. The Court should consider appointing the RPR as litigation friend where appropriate, rather than defaulting to the Official Solicitor.

Parties
Applicant: AB; 1st Respondent: LCC (a Local Authority); 2nd Respondent: The Care Manager of BCH; Litigation Friend for AB: Natalie Wood
Jurisdiction
England and Wales
Judgment Date
06 December 2011
Procedural Posture
Court of Protection Welfare / Judgment on Appointment of Litigation Friend in S21 a MCA 2005 Proceedings
Outcome
Application granted; Natalie Wood appointed as litigation friend for AB.
Legal Topics
Deprivation of Liberty Safeguards, Litigation Friend Appointment, Section 21 a Mental Capacity Act 2005, Relevant Person’s Representative (rpr), Court of Protection Procedure
Mental Capacity Law Health Law Human Rights Deprivation of Liberty Safeguards Litigation Friend Appointment Section 21 a Mental Capacity Act 2005 Relevant Person’s Representative (rpr) Court of Protection Procedure

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Parties

AB

Applicant

LCC (a Local Authority)

1st Respondent

The Care Manager of BCH

2nd Respondent

Natalie Wood

Litigation Friend for AB

Procedural Posture

Court of Protection Welfare / Judgment on Appointment of Litigation Friend in S21 a MCA 2005 Proceedings

Legal Issues

  1. 1 Whether a Relevant Person’s Representative (RPR) can and should be appointed as litigation friend for P in a s21A MCA 2005 application
  2. 2 What are the statutory requirements and practical considerations for such appointment

Ratio Decidendi

There is no legal impediment to a Relevant Person’s Representative (RPR) acting as litigation friend for P in a s21A Mental Capacity Act 2005 application, provided the RPR is not already a party, meets the statutory conditions for appointment, is willing to act in P’s best interests, and the procedural requirements are satisfied. The Court should consider appointing the RPR as litigation friend where appropriate, rather than defaulting to the Official Solicitor.

Court Disposition

Application granted; Natalie Wood appointed as litigation friend for AB.

Orders

  • Natalie Wood is appointed as litigation friend for AB in these proceedings.