Daniel Lumb v NHS Humber and North Yorkshire ICB & Anor

Daniel Lumb v NHS Humber and North Yorkshire ICB & Anor

Management of direct payments of a Personal Health Budget as ‘representative’ does not fall within the standard authorisations of a property and affairs deputyship. The Court of Protection could specifically authorise a deputy to manage direct payments, but in SBB’s case, no such appointment is required as a case manager can act as representative and no deputyship is necessary.

Parties
Applicant: Daniel Lumb; First Respondent: NHS Humber and North Yorkshire ICB; Second Respondent: PSG Trust Corporation Limited
Jurisdiction
England and Wales
Judgment Date
16 October 2024
Procedural Posture
Court of Protection Property and Affairs Deputyship / Judgment on Application for Discharge of Deputyship
Outcome
Application for discharge of deputyship granted
Legal Topics
Deputyship, Personal Health Budgets, Direct Payments, Jurisdiction of Court of Protection, Statutory Interpretation
Mental Capacity Law Health Law Administrative Law Deputyship Personal Health Budgets Direct Payments Jurisdiction of Court of Protection Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Daniel Lumb

Applicant

NHS Humber and North Yorkshire ICB

First Respondent

PSG Trust Corporation Limited

Second Respondent

Procedural Posture

Court of Protection Property and Affairs Deputyship / Judgment on Application for Discharge of Deputyship

Legal Issues

  1. 1 Does management of a Personal Health Budget fall within the standard authorisations of a property and affairs deputyship?
  2. 2 Can a property and affairs deputy be a ‘representative’ or ‘nominee’ under the NHS (Direct Payments) Regulations 2013?
  3. 3 Can the Court of Protection specifically authorise a deputy to manage direct payments of a Personal Health Budget?

Ratio Decidendi

Management of direct payments of a Personal Health Budget as ‘representative’ does not fall within the standard authorisations of a property and affairs deputyship. The Court of Protection could specifically authorise a deputy to manage direct payments, but in SBB’s case, no such appointment is required as a case manager can act as representative and no deputyship is necessary.

Court Disposition

Application for discharge of deputyship granted

Orders

  • Discharge of Daniel Lumb as property and affairs deputy for SBB
  • No replacement deputy appointed; parties to draft order for approval