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England and Wales decisions
Decisions matching the current search
La Court of Protection a décidé que six LPAs étaient invalides, car Robert Cornford ne pouvait pas raisonnablement agir comme certificate provider et la formalité d’exécution n’était pas respectée.
The Court of Protection held that managing Direct Payments is not covered by standard property and affairs deputyship and requires specific mixed authority.
The Court of Protection held that AR’s supported living placement was not a deprivation of liberty under Article 5 ECHR, despite substantial restrictions and supervision.
It is not in HDEB's best interests to appoint JB and SB as personal welfare deputies because collaborative decision-making has worked and will continue to work in his best interests, and appointment would unnecessarily infringe his autonomy. For major disagreements, the court should resolve them rather than deputies.
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EF v The London Borough of Hackney & Anor [2026] EWCOP 20 (T3) (05 May 2026)
Appeal dismissed against refusal to discharge a Court of Protection Transparency Order preserving anonymity and reporting restrictions in P’s welfare proceedings.
Appeal dismissed against refusal to discharge a Court of Protection Transparency Order. The judge held the order proportionately protected P’s privacy and placement stability.
Enable & Thrive Ltd, as a Category 3 trust corporation, is suitable for appointment as property and affairs deputy provided it gives specified undertakings, including disclosure of solicitor-directors regulated by the SRA, compliance with Public Guardian standards, notification of changes, and maintenance of appropriate insurance. The absence of external regulatory oversight does not render it unsuitable so long as there is regulated involvement at director level and the undertakings are observed.
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DA, Re (Whether to replace a Single Joint Expert) (Rev1) [2026] EWCOP 7 (T2) (10 February 2026)
The Court of Protection allowed Respondents 2–7 to instruct their own expert on capacity, while keeping the existing single joint expert in place.
AB, In the Matter Of [2026] EWCOP 11 (T2) (05 February 2026)
The Court of Protection held that a Category 3 trust corporation could be appointed deputy despite no external regulation, if revised undertakings and insurance safeguards were provided.
HDEB, Re [2026] EWCOP 12 (T2) (04 February 2026)
The Court of Protection dismissed parents’ application to be appointed personal welfare deputies for their adult son, finding collaborative decision-making remained sufficient.
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