MB v Surrey County Council [2017] EWCOP B27 (16 October 2017)

MB v Surrey County Council [2017] EWCOP B27 (16 October 2017)

The Court approved the consent order and concluded the proceedings because both expert opinions agreed that MB has capacity to make decisions regarding his care, residence, and contact, and there was no evidence to the contrary. Therefore, the Court's jurisdiction under the Mental Capacity Act 2005 no longer applied.

Source-derived case information.

Citation
[2017] EWCOP B27
Parties
Applicant: MB; Respondent: Local Authority; Former Party: CCG
Jurisdiction
England and Wales
Judgment Date
16 October 2017
Procedural Posture
Court of Protection / Final Judgment on Capacity and Consent Order
Outcome
Consent order approved; proceedings concluded; Court's jurisdiction discharged.
Legal Topics
Capacity to Make Decisions, Jurisdiction of Court of Protection, Care Arrangements, Consent Order, Role of Advocates
Mental Capacity Law Health and Social Care Law Capacity to Make Decisions Jurisdiction of Court of Protection Care Arrangements Consent Order Role of Advocates

Source-derived case record

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Parties

MB

Applicant

Local Authority

Respondent

CCG

Former Party

Procedural Posture

Court of Protection / Final Judgment on Capacity and Consent Order

Legal Issues

  1. 1 Whether MB has capacity to make decisions regarding care, residence, and contact
  2. 2 Whether the Court retains jurisdiction under the Mental Capacity Act 2005
  3. 3 Appropriateness of discharging parties and approving consent order

Ratio Decidendi

The Court approved the consent order and concluded the proceedings because both expert opinions agreed that MB has capacity to make decisions regarding his care, residence, and contact, and there was no evidence to the contrary. Therefore, the Court's jurisdiction under the Mental Capacity Act 2005 no longer applied.

Court Disposition

Consent order approved; proceedings concluded; Court's jurisdiction discharged.

Orders

  • CCG discharged as party to proceedings
  • Consent order resolving proceedings approved