UF, Re [2013] EWCOP 4289 (21 November 2013)

UF, Re [2013] EWCOP 4289 (21 November 2013)

AF is not a suitable litigation friend for UF due to her inability to take a balanced and dispassionate approach in light of family disputes and her strong views. The Official Solicitor should be appointed as litigation friend as a last resort. The Court will facilitate the continuation and extension of a standard...

Source-derived case information.

Citation
[2013] EWCOP 4289
Parties
Subject: UF; Daughter/applicant/litigation Friend (interim): AF; Respondent: Local Authority; Potential Litigation Friend: Official Solicitor; Interested Party: Ministry of Justice; Interested Party: Legal Aid Agency (LAA)
Jurisdiction
England and Wales
Judgment Date
21 November 2013
Procedural Posture
Court of Protection S.21 a MCA Application / Interlocutory Judgment on Litigation Friend and Funding Issues
Outcome
AF removed as litigation friend; Official Solicitor to be invited to act; interim authorisation and directions given to maintain legal aid and progress case.
Legal Topics
Deprivation of Liberty Safeguards (dols), Litigation Friend Appointment, Legal Aid, Best Interests, Capacity Assessment
Mental Capacity Law Public Law Deprivation of Liberty Safeguards (dols) Litigation Friend Appointment Legal Aid Best Interests Capacity Assessment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

UF

Subject

AF

Daughter/applicant/litigation Friend (interim)

Local Authority

Respondent

Official Solicitor

Potential Litigation Friend

Ministry of Justice

Interested Party

Legal Aid Agency (LAA)

Interested Party

Procedural Posture

Court of Protection S.21 a MCA Application / Interlocutory Judgment on Litigation Friend and Funding Issues

Legal Issues

  1. 1 Whether AF is a suitable litigation friend for UF under Rule 140 of the Court of Protection Rules 2007
  2. 2 How to secure non-means tested legal aid for UF in s.21A proceedings after regulatory changes
  3. 3 Whether the Court can/should extend or revive a standard authorisation to maintain legal aid eligibility

Ratio Decidendi

AF is not a suitable litigation friend for UF due to her inability to take a balanced and dispassionate approach in light of family disputes and her strong views. The Official Solicitor should be appointed as litigation friend as a last resort. The Court will facilitate the continuation and extension of a standard authorisation to ensure UF's eligibility for non-means tested legal aid and proper management of her deprivation of liberty pending final determination.

Court Disposition

AF removed as litigation friend; Official Solicitor to be invited to act; interim authorisation and directions given to maintain legal aid and progress case.

Orders

  • AF removed as litigation friend for UF.
  • Official Solicitor to be invited to act as litigation friend for UF.