Lumb v NHS Humber and North Yorkshire ICB & Anor [2024] EWCOP 57 (T2) (11 October 2024)

Lumb v NHS Humber and North Yorkshire ICB & Anor [2024] EWCOP 57 (T2) (11 October 2024)

Direct payments of a Personal Health Budget do not constitute the property of the patient but do fall within their 'affairs' under the Mental Capacity Act 2005. The standard authorisations of a property and affairs deputy do not encompass the welfare-type decisions required of a 'representative' under the NHS (Direct Payments) Regulations 2013. Therefore, a property and affairs deputy cannot act as a 'representative' for direct payments without specific welfare authorisation. The Court cannot appoint a deputy as representative or nominee for direct payments under standard property and affairs deputyship terms.

Citation
[2024] EWCOP 57
Parties
Applicant: Daniel Lumb; First Respondent: NHS Humber and North Yorkshire ICB; Second Respondent: PSG Trust Corporation Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Court of Protection Property and Affairs Deputyship / Judgment on Application for Discharge and Replacement of Deputy
Outcome
Application for discharge of Daniel Lumb as deputy granted; application for appointment of PSG Trust Corporation as replacement deputy refused.
Legal Topics
Personal Health Budgets, Deputyship, Direct Payments, Jurisdiction of Court of Protection, Statutory Interpretation
Mental Capacity Law Health Law Administrative Law Personal Health Budgets Deputyship Direct Payments Jurisdiction of Court of Protection Statutory Interpretation

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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 and Replacement of Deputy

Legal Issues

  1. 1 Whether management of a Personal Health Budget is within the standard authorisations of a property and affairs deputyship
  2. 2 Whether a property and affairs deputy can be a 'representative' or 'nominee' under the NHS (Direct Payments) Regulations 2013
  3. 3 Whether the Court of Protection can make a best interests decision appointing a 'representative' or 'nominee' for direct payments

Ratio Decidendi

Direct payments of a Personal Health Budget do not constitute the property of the patient but do fall within their 'affairs' under the Mental Capacity Act 2005. The standard authorisations of a property and affairs deputy do not encompass the welfare-type decisions required of a 'representative' under the NHS (Direct Payments) Regulations 2013. Therefore, a property and affairs deputy cannot act as a 'representative' for direct payments without specific welfare authorisation. The Court cannot appoint a deputy as representative or nominee for direct payments under standard property and affairs deputyship terms.

Court Disposition

Application for discharge of Daniel Lumb as deputy granted; application for appointment of PSG Trust Corporation as replacement deputy refused.

Orders

  • Daniel Lumb is discharged as property and affairs deputy for SBB.
  • PSG Trust Corporation Limited is not appointed as replacement deputy.