HH v Hywel Dda University Health Board & Ors

HH v Hywel Dda University Health Board & Ors

It is lawful and appropriate for the same judge to hear and determine best interests applications for more than one incapacitated adult whose interests are closely connected and may conflict; the statutory framework and rules do not prohibit this, and case management discretion supports concurrent hearings.

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 / Case Management Determination
Outcome
Application granted; same judge to hear both cases concurrently.
Legal Topics
Best Interests Determination, Consolidation of Proceedings, Deprivation of Liberty, Legal Aid, Case Management Discretion
Mental Capacity Health Law Family Law Best Interests Determination Consolidation of Proceedings Deprivation of Liberty Legal Aid Case Management Discretion

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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 / Case Management Determination

Legal Issues

  1. 1 Whether the same judge can make best interests decisions for more than one person concurrently under the Mental Capacity Act 2005
  2. 2 Whether proceedings for AH and HH should be heard together or separately
  3. 3 Implications of legal aid availability on case management

Ratio Decidendi

It is lawful and appropriate for the same judge to hear and determine best interests applications for more than one incapacitated adult whose interests are closely connected and may conflict; the statutory framework and rules do not prohibit this, and case management discretion supports concurrent hearings.

Court Disposition

Application granted; same judge to hear both cases concurrently.

Orders

  • Both applications to remain allocated to Mr Justice Francis and be heard together.
  • No consolidation of proceedings; discrete determinations to be made for each person.