PJV v The Assistant Director Adult Social Care Newcastle City Council & Anor

PJV v The Assistant Director Adult Social Care Newcastle City Council & Anor

Where CICA, in the proper exercise of its powers under the relevant scheme, decides an award should be held on trust and paid to trustees, the applicant (even if lacking capacity) never becomes entitled to the award moneys as property; thus, a deputy can finalise the award and trust without a further order of the...

Source-derived case information.

Parties
Appellant: PJV; First Respondent: The Assistant Director Adult Social Care Newcastle City Council; Second Respondent: The Criminal Injuries Compensation Authority
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Powers of Deputy Under Mental Capacity Act, Settlement of Compensation Awards, Court of Protection Jurisdiction, Criminal Injuries Compensation, Trust Creation for Incapacitated Persons
Mental Capacity Law Public Law Trusts and Estates Powers of Deputy Under Mental Capacity Act Settlement of Compensation Awards Court of Protection Jurisdiction Criminal Injuries Compensation Trust Creation for Incapacitated Persons

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Parties

PJV

Appellant

The Assistant Director Adult Social Care Newcastle City Council

First Respondent

The Criminal Injuries Compensation Authority

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Court of Protection must make a further order to establish a trust for a CICA award when the applicant lacks capacity
  2. 2 Whether a deputy can finalise a CICA award to be held on trust without a further court order
  3. 3 Interpretation of s. 20(3)(a) and (c) of the Mental Capacity Act 2005 regarding settlement of property and exercise of powers

Ratio Decidendi

Where CICA, in the proper exercise of its powers under the relevant scheme, decides an award should be held on trust and paid to trustees, the applicant (even if lacking capacity) never becomes entitled to the award moneys as property; thus, a deputy can finalise the award and trust without a further order of the Court of Protection. The process does not involve a settlement of P’s property or the exercise of a power precluded by s. 20(3) of the MCA.

Court Disposition

appeal allowed

Orders

  • No further application to the Court of Protection is required to finalise a CICA award to be held on trust where CICA so determines; a deputy can finalise the award and trust on behalf of P.
  • Parties invited to negotiate further on trust terms, deputy appointment, and Peters undertaking; directions to be given if not agreed.