HDEB, Re [2026] EWCOP 12 (T2) (04 February 2026)

HDEB, Re [2026] EWCOP 12 (T2) (04 February 2026)

It is not in HDEB's best interests to appoint JB and SB as personal welfare deputies because collaborative decision-making, as envisaged by the Mental Capacity Act 2005, has worked and continues to work in his best interests. Appointment of deputies would unnecessarily infringe HDEB's autonomy, and in cases of major disagreement, the court should decide rather than deputies. There is no presumption against appointment, but the statutory framework and facts do not justify it here.

Citation
[2026] EWCOP 12
Parties
Applicant: JB; Applicant: SB; Subject: HDEB
Jurisdiction
England and Wales
Judgment Date
04 February 2026
Procedural Posture
Court of Protection Welfare Deputyship Application / Reconsideration of Dismissal of Application for Appointment as Personal Welfare Deputies
Outcome
Application dismissed; permission to appeal granted.
Legal Topics
Appointment of Personal Welfare Deputies, Best Interests, Autonomy of Incapacitated Adults, Collaborative Decision Making, Section 16 Mental Capacity Act 2005
Mental Capacity Law Court of Protection Appointment of Personal Welfare Deputies Best Interests Autonomy of Incapacitated Adults Collaborative Decision Making Section 16 Mental Capacity Act 2005

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Parties

JB

Applicant

SB

Applicant

HDEB

Subject

Procedural Posture

Court of Protection Welfare Deputyship Application / Reconsideration of Dismissal of Application for Appointment as Personal Welfare Deputies

Legal Issues

  1. 1 Whether it is in HDEB's best interests to appoint JB and SB as personal welfare deputies
  2. 2 Application of sections 1, 4, 5, and 16 of the Mental Capacity Act 2005 to the appointment of deputies
  3. 3 Appropriate approach to decision-making for incapacitated adults

Ratio Decidendi

It is not in HDEB's best interests to appoint JB and SB as personal welfare deputies because collaborative decision-making, as envisaged by the Mental Capacity Act 2005, has worked and continues to work in his best interests. Appointment of deputies would unnecessarily infringe HDEB's autonomy, and in cases of major disagreement, the court should decide rather than deputies. There is no presumption against appointment, but the statutory framework and facts do not justify it here.

Court Disposition

Application dismissed; permission to appeal granted.

Orders

  • Application for appointment of JB and SB as personal welfare deputies for HDEB is dismissed.
  • Permission to appeal to a Tier 3 judge is granted.