W, Re [2016] EWCOP 58 (14 April 2016)

W, Re [2016] EWCOP 58 (14 April 2016)

The supervisory authority (West Berkshire District Council) is under a duty to monitor compliance with conditions attached to a standard authorisation for deprivation of liberty under Schedule A1 of the Mental Capacity Act 2005; frequency of monitoring depends on the circumstances, and in this case, alternate monthly monitoring is sufficient.

Citation
[2016] EWCOP 58
Parties
Applicant: HH; First Respondent (p): CW; Second Respondent (supervisory Authority): West Berkshire District Council
Jurisdiction
England and Wales
Judgment Date
14 April 2016
Procedural Posture
Section 21 a Challenge to Standard Authorisation (court of Protection) / Final Judgment
Outcome
Application allowed in part; supervisory authority found to have monitoring duty.
Legal Topics
Deprivation of Liberty Safeguards (do Ls), Best Interests, Article 5 ECHR, Supervisory Authority Duties, Standard Authorisation Conditions
Mental Capacity Law Human Rights Law Health and Social Care Law Deprivation of Liberty Safeguards (do Ls) Best Interests Article 5 ECHR Supervisory Authority Duties Standard Authorisation Conditions

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Parties

HH

Applicant

CW

First Respondent (p)

West Berkshire District Council

Second Respondent (supervisory Authority)

Procedural Posture

Section 21 a Challenge to Standard Authorisation (court of Protection) / Final Judgment

Legal Issues

  1. 1 Whether the supervisory authority is obliged to monitor compliance with conditions attached to a standard authorisation under Schedule A1 of the Mental Capacity Act 2005
  2. 2 Frequency of monitoring compliance with such conditions

Ratio Decidendi

The supervisory authority (West Berkshire District Council) is under a duty to monitor compliance with conditions attached to a standard authorisation for deprivation of liberty under Schedule A1 of the Mental Capacity Act 2005; frequency of monitoring depends on the circumstances, and in this case, alternate monthly monitoring is sufficient.

Court Disposition

Application allowed in part; supervisory authority found to have monitoring duty.

Orders

  • CW to remain at Linwood House for the time being as in her best interests.
  • Supervisory authority (West Berkshire District Council) to monitor compliance with conditions attached to standard authorisation on an alternate monthly basis.