MOD & Ors (Deprivation of Liberty)

MOD & Ors (Deprivation of Liberty)

The court cannot proceed to approve deprivation of liberty arrangements under the Re X procedure in the absence of a litigation friend for P, as required by the Court of Appeal's strong (albeit obiter) indication that P must be a party. Where no suitable litigation friend is available and the Official Solicitor cannot act, the cases must be referred for higher judicial determination of the procedural impasse and possible use of Rule 3A representatives.

Parties
Applicant: MOD; Applicant: VS; Applicant: HR; Applicant: ML; Applicant: MW; Applicant: DW; Applicant: MT; Applicant: EJG; Applicant: ANR
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Deprivation of Liberty Applications Under the Mental Capacity Act 2005 / Case Management Hearing; Referral to Vice President for Determination of Procedural Issues
Outcome
Referral to Vice President of the Court of Protection for determination of procedural issues; no interim orders made; directions for further evidence and statements.
Legal Topics
Deprivation of Liberty, Party Status of P, Litigation Friend Appointment, Court of Protection Procedure, Rule 3 a Representative
Mental Capacity Law Human Rights Law Civil Procedure Deprivation of Liberty Party Status of P Litigation Friend Appointment Court of Protection Procedure Rule 3 a Representative

Case Brief

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Parties

MOD

Applicant

VS

Applicant

HR

Applicant

ML

Applicant

MW

Applicant

DW

Applicant

MT

Applicant

EJG

Applicant

ANR

Applicant

Procedural Posture

Deprivation of Liberty Applications Under the Mental Capacity Act 2005 / Case Management Hearing; Referral to Vice President for Determination of Procedural Issues

Legal Issues

  1. 1 Whether P must be joined as a party in deprivation of liberty cases
  2. 2 Whether appointment of a Rule 3A representative is sufficient
  3. 3 What should be done if no suitable litigation friend is available and the Official Solicitor cannot act

Ratio Decidendi

The court cannot proceed to approve deprivation of liberty arrangements under the Re X procedure in the absence of a litigation friend for P, as required by the Court of Appeal's strong (albeit obiter) indication that P must be a party. Where no suitable litigation friend is available and the Official Solicitor cannot act, the cases must be referred for higher judicial determination of the procedural impasse and possible use of Rule 3A representatives.

Court Disposition

Referral to Vice President of the Court of Protection for determination of procedural issues; no interim orders made; directions for further evidence and statements.

Orders

  • MOD case to proceed separately as a litigation friend is available.
  • Remaining eight cases transferred to Vice President for hearing on specified procedural issues.