UF, Re

UF, Re

AF cannot continue as litigation friend for UF due to her inability to take a balanced and dispassionate approach given family disputes and her strong views. This is a last resort case requiring the Official Solicitor to act as litigation friend. The court will approve a process to ensure a standard authorisation is in force to maintain non-means tested legal aid for UF, with the Official Solicitor to be invited to act once funding is secured.

Parties
Subject: UF; Daughter/applicant/litigation Friend (interim): AF; Respondent: Local Authority; Proposed Litigation Friend: Official Solicitor; Interested Party: LAA (Legal Aid Agency); Interested Party: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
21 November 2013
Procedural Posture
Court of Protection S.21 a Mental Capacity Act Application / Interlocutory Application Regarding Litigation Friend and Funding
Outcome
AF removed as litigation friend; Official Solicitor to be invited to act; process set to maintain standard authorisation and legal aid.
Legal Topics
Deprivation of Liberty Safeguards (dols), Litigation Friend Appointment, Legal Aid, Best Interests Decision Making, Capacity Assessment
Mental Capacity Law Court of Protection Administrative Law Deprivation of Liberty Safeguards (dols) Litigation Friend Appointment Legal Aid Best Interests Decision Making Capacity Assessment

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Parties

UF

Subject

AF

Daughter/applicant/litigation Friend (interim)

Local Authority

Respondent

Official Solicitor

Proposed Litigation Friend

LAA (Legal Aid Agency)

Interested Party

Ministry of Justice

Interested Party

Procedural Posture

Court of Protection S.21 a Mental Capacity Act Application / Interlocutory Application Regarding Litigation Friend and Funding

Legal Issues

  1. 1 Whether AF can continue as litigation friend for UF
  2. 2 Whether the Official Solicitor should be appointed as litigation friend
  3. 3 How to secure non-means tested legal aid for UF under new regulations

Ratio Decidendi

AF cannot continue as litigation friend for UF due to her inability to take a balanced and dispassionate approach given family disputes and her strong views. This is a last resort case requiring the Official Solicitor to act as litigation friend. The court will approve a process to ensure a standard authorisation is in force to maintain non-means tested legal aid for UF, with the Official Solicitor to be invited to act once funding is secured.

Court Disposition

AF removed as litigation friend; Official Solicitor to be invited to act; process set to maintain standard authorisation and legal aid.

Orders

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