St Helens Borough Council v PE & Anor

St Helens Borough Council v PE & Anor

It is a legitimate and appropriate exercise of the court’s inherent jurisdiction to make bare declarations of 'best interests' for an incapacitated adult, without accompanying declarations as to lawfulness, particularly where the doctrine of necessity is not engaged and where such declarations avoid unnecessary public law complications.

Parties
Claimant: St Helens Borough Council; First Defendant: PE (by her litigation friend the Official Solicitor); Second Defendant: JW; Interested Party: Manchester Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
29 December 2006
Procedural Posture
Inherent Jurisdiction (family/protective) / Final Judgment/approval of Agreed Order
Outcome
Order approved as agreed by all parties; declarations made as to best interests without accompanying declarations of lawfulness.
Legal Topics
Inherent Jurisdiction, Best Interests Declarations, Capacity to Make Decisions, Declaratory Relief, Doctrine of Necessity
Family Law Mental Capacity Law Public Law Inherent Jurisdiction Best Interests Declarations Capacity to Make Decisions Declaratory Relief Doctrine of Necessity

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Parties

St Helens Borough Council

Claimant

PE (by her litigation friend the Official Solicitor)

First Defendant

JW

Second Defendant

Manchester Primary Care Trust

Interested Party

Procedural Posture

Inherent Jurisdiction (family/protective) / Final Judgment/approval of Agreed Order

Legal Issues

  1. 1 Whether the court can make bare declarations of 'best interests' without accompanying declarations as to lawfulness under its inherent jurisdiction for incapacitated adults.
  2. 2 Whether the form of order should declare lawfulness or simply best interests in regulating care arrangements for an incapacitated adult.

Ratio Decidendi

It is a legitimate and appropriate exercise of the court’s inherent jurisdiction to make bare declarations of 'best interests' for an incapacitated adult, without accompanying declarations as to lawfulness, particularly where the doctrine of necessity is not engaged and where such declarations avoid unnecessary public law complications.

Court Disposition

Order approved as agreed by all parties; declarations made as to best interests without accompanying declarations of lawfulness.

Orders

  • Declaration that Pamela lacks capacity to make decisions about the organization, management and structure of her care package.
  • Declaration that it is in Pamela’s best interests for her care to be organized and structured as set out in the attached schedule.