G v E [2010] EWCOP 2512 (11 October 2010)

G v E [2010] EWCOP 2512 (11 October 2010)

The Court held that the Mental Capacity Act 2005 and its Code of Practice establish that most decisions for incapacitated adults are to be made informally and collaboratively by carers and professionals, without the need for formal deputyship. Section 16(4) MCA 2005 requires that court decisions are to be preferred over the appointment of deputies, and that any deputyship should be as limited as possible in scope and duration. There were no current or anticipated issues in E's welfare or property/affairs that justified the appointment of deputies. The family relationship and desire for involvement did not, of themselves, justify deputyship. The applications for appointment of deputies for...

Citation
[2010] EWCOP 2512
Parties
Applicant: G; 1st Respondent: E (by his litigation friend, the Official Solicitor); 2nd Respondent: Manchester City Council; 3rd Respondent: F
Jurisdiction
England and Wales
Judgment Date
11 October 2010
Procedural Posture
Court of Protection Proceedings Under the Mental Capacity Act 2005 / Reserved Judgment Following Substantive Hearing on Applications for Appointment of Deputies and Litigation Friend
Outcome
Applications for appointment of deputies for personal welfare and property/affairs refused. Application for appointment of G as litigation friend refused.
Legal Topics
Deputyship, Best Interests, Personal Welfare, Property and Affairs, Article 8 ECHR, Article 5 ECHR, Deprivation of Liberty, Court of Protection Procedure
Mental Capacity Law Public Law Human Rights Deputyship Best Interests Personal Welfare Property and Affairs Article 8 ECHR +3 more

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Parties

G

Applicant

E (by his litigation friend, the Official Solicitor)

1st Respondent

Manchester City Council

2nd Respondent

F

3rd Respondent

Procedural Posture

Court of Protection Proceedings Under the Mental Capacity Act 2005 / Reserved Judgment Following Substantive Hearing on Applications for Appointment of Deputies and Litigation Friend

Legal Issues

  1. 1 Whether deputies should be appointed for E's personal welfare and/or property and affairs under the Mental Capacity Act 2005
  2. 2 Whether G should be appointed as litigation friend in lieu of the Official Solicitor
  3. 3 Interpretation and application of section 16(4) MCA 2005 regarding preference for court decisions over deputyship

Ratio Decidendi

The Court held that the Mental Capacity Act 2005 and its Code of Practice establish that most decisions for incapacitated adults are to be made informally and collaboratively by carers and professionals, without the need for formal deputyship. Section 16(4) MCA 2005 requires that court decisions are to be preferred over the appointment of deputies, and that any deputyship should be as limited as possible in scope and duration. There were no current or anticipated issues in E's welfare or property/affairs that justified the appointment of deputies. The family relationship and desire for involvement did not, of themselves, justify deputyship. The applications for appointment of deputies for...

Court Disposition

Applications for appointment of deputies for personal welfare and property/affairs refused. Application for appointment of G as litigation friend refused.

Orders

  • No deputies appointed for E's personal welfare or property and affairs.
  • G not appointed as litigation friend in lieu of the Official Solicitor.