HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18 (28 February 2023)

HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18 (28 February 2023)

There is no statutory prohibition against the same judge making best interests determinations for more than one incapacitated adult whose interests are closely connected and might conflict; the Court has discretion to hear such applications concurrently and must make individualised determinations for each person, balancing their interests as appropriate.

Citation
[2023] EWCOP 18
Parties
Applicant: HH; First Respondent: Hywel Dda University Health Board; Second Respondent: Carmarthenshire County Council; Third Respondent: LM; Fourth Respondent: AH
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Court of Protection Section 21 a Proceedings / Case Management Determination
Outcome
Application granted - same judge may hear both cases concurrently and make best interests determinations for each.
Legal Topics
Best Interests Determination, Consolidation of Proceedings, Case Management Discretion, Deprivation of Liberty, Legal Aid Availability
Mental Capacity Health Law Family Law Best Interests Determination Consolidation of Proceedings Case Management Discretion Deprivation of Liberty Legal Aid Availability

Case Brief

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Parties

HH

Applicant

Hywel Dda University Health Board

First Respondent

Carmarthenshire County Council

Second Respondent

LM

Third Respondent

AH

Fourth Respondent

Procedural Posture

Court of Protection Section 21 a Proceedings / Case Management Determination

Legal Issues

  1. 1 Whether the same judge in the Court of Protection can make best interests decisions for more than one person concurrently or sequentially
  2. 2 Whether proceedings concerning two incapacitated adults with intertwined interests can be heard together by the same judge
  3. 3 Whether the statutory framework prohibits concurrent determination of best interests for multiple persons

Ratio Decidendi

There is no statutory prohibition against the same judge making best interests determinations for more than one incapacitated adult whose interests are closely connected and might conflict; the Court has discretion to hear such applications concurrently and must make individualised determinations for each person, balancing their interests as appropriate.

Court Disposition

Application granted - same judge may hear both cases concurrently and make best interests determinations for each.

Orders

  • Cases to remain allocated to Mr Justice Francis for concurrent hearing and determination.
  • No consolidation of proceedings; individual determinations to be made for each person.