SCC v MSA & Anor

SCC v MSA & Anor

There is no blanket objection to a family member or friend acting as Rule 3A representative or litigation friend, even if they are involved in implementing restrictive care arrangements, provided the court is satisfied after close scrutiny that they can fairly and competently discharge their functions, elicit P’s wishes and feelings, critically examine the care package, and keep its implementation under review.

Parties
Applicant: SCC; Respondent: MSA; Respondent: JA; Respondent: SCCG
Jurisdiction
England and Wales
Judgment Date
20 September 2017
Procedural Posture
Court of Protection / Judgment
Outcome
JA is not appointed as Rule 3A representative or litigation friend; Official Solicitor continues as litigation friend for MSA.
Legal Topics
Deprivation of Liberty, Rule 3 a Representative, Litigation Friend, Conflict of Interest
Mental Capacity Human Rights Deprivation of Liberty Rule 3 a Representative Litigation Friend Conflict of Interest

Case Brief

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Parties

SCC

Applicant

MSA

Respondent

JA

Respondent

SCCG

Respondent

Procedural Posture

Court of Protection / Judgment

Legal Issues

  1. 1 Whether a family member responsible for implementing restrictive care arrangements can act as Rule 3A representative or litigation friend for a person deprived of liberty
  2. 2 Potential conflict of interest in appointing such a representative

Ratio Decidendi

There is no blanket objection to a family member or friend acting as Rule 3A representative or litigation friend, even if they are involved in implementing restrictive care arrangements, provided the court is satisfied after close scrutiny that they can fairly and competently discharge their functions, elicit P’s wishes and feelings, critically examine the care package, and keep its implementation under review.

Court Disposition

JA is not appointed as Rule 3A representative or litigation friend; Official Solicitor continues as litigation friend for MSA.

Orders

  • Official Solicitor to continue acting as litigation friend for MSA