Lawson, Mottram and Hopton, Re (appointment of personal welfare deputies) (Rev 1)

Lawson, Mottram and Hopton, Re (appointment of personal welfare deputies) (Rev 1)

There is no statutory presumption or bias against the appointment of personal welfare deputies under the MCA 2005. The Code of Practice guidance that deputies are only required in 'the most difficult cases' reflects likely outcome, not a starting point or presumption. Each application must be determined on its individual merits, weighing the statutory principles, best interests, and all relevant circumstances. The Code of Practice is interpretive guidance and cannot override the statute. The wishes and feelings of P are relevant but not determinative; the best interests test remains central.

Parties
Applicant: Rosa Monckton; Applicant: Dominic Lawson; Applicant: Savannah Lawson; Applicant: Simon Mottram; Applicant: Lucy Mottram; Applicant: Caroline Hopton; Advocate to the Court: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Application for Appointment of Personal Welfare Deputies / Ruling on Preliminary Issue and Permission to Apply
Outcome
Preliminary issue determined; no statutory presumption against appointment of personal welfare deputies; applicants to reflect and consider whether to pursue individual applications.
Legal Topics
Appointment of Deputies, Best Interests, Statutory Interpretation, Code of Practice, Autonomy Vs Protection
Mental Capacity Court of Protection Personal Welfare Deputyship Appointment of Deputies Best Interests Statutory Interpretation Code of Practice Autonomy Vs Protection

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Parties

Rosa Monckton

Applicant

Dominic Lawson

Applicant

Savannah Lawson

Applicant

Simon Mottram

Applicant

Lucy Mottram

Applicant

Caroline Hopton

Applicant

Official Solicitor

Advocate to the Court

Procedural Posture

Application for Appointment of Personal Welfare Deputies / Ruling on Preliminary Issue and Permission to Apply

Legal Issues

  1. 1 What is the correct approach to determining whether a welfare deputy should be appointed?
  2. 2 Should appointments only be made in the most difficult cases?
  3. 3 Is there a statutory bias or presumption against appointment of personal welfare deputies?

Ratio Decidendi

There is no statutory presumption or bias against the appointment of personal welfare deputies under the MCA 2005. The Code of Practice guidance that deputies are only required in 'the most difficult cases' reflects likely outcome, not a starting point or presumption. Each application must be determined on its individual merits, weighing the statutory principles, best interests, and all relevant circumstances. The Code of Practice is interpretive guidance and cannot override the statute. The wishes and feelings of P are relevant but not determinative; the best interests test remains central.

Court Disposition

Preliminary issue determined; no statutory presumption against appointment of personal welfare deputies; applicants to reflect and consider whether to pursue individual applications.

Orders

  • Applicants may reflect on the judgment and consider whether to pursue their respective applications.
  • If restored, applications may be reallocated to a Tier 1 or Tier 2 judge.