N v ACCG and others

N v ACCG and others

The Court of Protection cannot order care providers or funders to provide or fund care against their wishes; it can only make decisions within the scope of available options. Where a provider or funder refuses to provide a particular care option, the court is not obliged to resolve factual disputes about that option, and judicial review is the proper vehicle for challenging such refusals. The court's case management powers allow it to exclude issues that serve no useful purpose.

Parties
Appellant: N; Respondents: ACCG and others
Jurisdiction
England and Wales
Judgment Date
22 March 2017
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction of Court of Protection, Best Interests Principle, Powers of Court, Care Provision, Judicial Review
Mental Capacity Health Law Public Law Jurisdiction of Court of Protection Best Interests Principle Powers of Court Care Provision Judicial Review

Case Brief

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Parties

N

Appellant

ACCG and others

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Does the Court of Protection have jurisdiction to make decisions on care provision when providers/funders refuse to provide or fund the requested care?
  2. 2 Can the Court of Protection order a public authority to fund or provide care against its wishes?
  3. 3 Should the court resolve factual disputes about care options not available due to provider refusal?

Ratio Decidendi

The Court of Protection cannot order care providers or funders to provide or fund care against their wishes; it can only make decisions within the scope of available options. Where a provider or funder refuses to provide a particular care option, the court is not obliged to resolve factual disputes about that option, and judicial review is the proper vehicle for challenging such refusals. The court's case management powers allow it to exclude issues that serve no useful purpose.

Court Disposition

appeal dismissed

Orders

  • Order that MN continue to reside and receive care at his current care home or at a placement identified by the CCG or responsible public body if the current placement ends.
  • Order that MN have contact with his parents and family members in accordance with the detailed plan set out in the schedule.