HDEB, Re

HDEB, Re

It is not in HDEB's best interests to appoint JB and SB as personal welfare deputies because collaborative decision-making has worked and will continue to work in his best interests, and appointment would unnecessarily infringe his autonomy. For major disagreements, the court should resolve them rather than deputies.

Parties
Applicant: JB; Applicant: SB; Subject: HDEB
Jurisdiction
England and Wales
Judgment Date
03 September 2026
Procedural Posture
Application for Appointment of Personal Welfare Deputies / Judgment on Reconsideration
Outcome
application dismissed
Legal Topics
Appointment of Deputies, Best Interests, Autonomy, Collaborative Decision Making
Mental Capacity Personal Welfare Court of Protection Appointment of Deputies Best Interests Autonomy Collaborative Decision Making

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Parties

JB

Applicant

SB

Applicant

HDEB

Subject

Procedural Posture

Application for Appointment of Personal Welfare Deputies / Judgment on Reconsideration

Legal Issues

  1. 1 Whether it is in HDEB's best interests to appoint JB and SB as personal welfare deputies
  2. 2 Whether collaborative decision-making suffices for HDEB's welfare
  3. 3 Application of MCA 2005 principles to deputy appointment

Ratio Decidendi

It is not in HDEB's best interests to appoint JB and SB as personal welfare deputies because collaborative decision-making has worked and will continue to work in his best interests, and appointment would unnecessarily infringe his autonomy. For major disagreements, the court should resolve them rather than deputies.

Court Disposition

application dismissed

Orders

  • Permission granted to JB and SB to appeal to a Tier 3 judge if they wish.