Cheshire and Wirral Partnership NHS Foundation Trust v JMC & Anor

Cheshire and Wirral Partnership NHS Foundation Trust v JMC & Anor

The District Judge was entitled to conclude that the Trust had sufficiently recent knowledge of JMC and that a section 49 report was appropriate. The order did not require the Trust to provide services but only information. The discretion under section 49 was properly exercised, and there was no error of law or principle justifying appellate intervention.

Parties
Appellant: Cheshire and Wirral Partnership NHS Foundation Trust; First Respondent: JMC; Second Respondent: Flintshire County Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Court of Protection Appeal / Application for Permission to Appeal Case Management Decision
Outcome
Permission to appeal refused
Legal Topics
Section 49 Reports, Best Interests Determination, Deprivation of Liberty, Case Management Discretion, Practice Direction 14 E, Provision of Services by NHS Trusts
Mental Capacity Health Law Administrative Law Section 49 Reports Best Interests Determination Deprivation of Liberty Case Management Discretion Practice Direction 14 E +1 more

Case Brief

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Parties

Cheshire and Wirral Partnership NHS Foundation Trust

Appellant

JMC

First Respondent

Flintshire County Council

Second Respondent

Procedural Posture

Court of Protection Appeal / Application for Permission to Appeal Case Management Decision

Legal Issues

  1. 1 Whether the District Judge erred in law in ordering a section 49 report from the NHS Trust
  2. 2 Whether the information required was within the remit of the Trust or the local authority
  3. 3 Whether the order improperly required the Trust to provide services rather than information

Ratio Decidendi

The District Judge was entitled to conclude that the Trust had sufficiently recent knowledge of JMC and that a section 49 report was appropriate. The order did not require the Trust to provide services but only information. The discretion under section 49 was properly exercised, and there was no error of law or principle justifying appellate intervention.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal the case management decision is refused.