FF, SUMMARY APPLICATION UNDER THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 BY J, SOLICITOR IN RESPECT OF THE ADULT [2016] ScotSC 66 (05 October 2016)

FF, SUMMARY APPLICATION UNDER THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 BY J, SOLICITOR IN RESPECT OF THE ADULT [2016] ScotSC 66 (05 October 2016)

The applicant, as solicitor, did not have sufficient interest to apply for guardianship on behalf of the adult under the 2000 Act, and the challenge to the sheriff's refusal to grant warrant was in essence an incompetent appeal. There was no denial of the adult's rights as the local authority had a statutory duty to apply if necessary.

Citation
[2016] ScotSC 66
Parties
Pursuer/applicant: J, Solicitor; Adult (subject of Application): F. F.; Local Authority (referenced): City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
05 October 2016
Procedural Posture
Summary Application Under the Adults With Incapacity (scotland) Act 2000 / Application for Warrant to Commence Proceedings; Review of Sheriff's Refusal
Outcome
Application for administrative direction refused; challenge to sheriff's refusal dismissed as incompetent.
Legal Topics
Adults With Incapacity, Guardianship, Standing/title to Sue, Administrative Directions, Access to Justice
Mental Capacity Law Civil Procedure Adults With Incapacity Guardianship Standing/title to Sue Administrative Directions Access to Justice

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Parties

J, Solicitor

Pursuer/applicant

F. F.

Adult (subject of Application)

City of Edinburgh Council

Local Authority (referenced)

Procedural Posture

Summary Application Under the Adults With Incapacity (scotland) Act 2000 / Application for Warrant to Commence Proceedings; Review of Sheriff's Refusal

Legal Issues

  1. 1 Whether a solicitor for an adult has sufficient interest to apply for appointment of a financial guardian under the Adults with Incapacity (Scotland) Act 2000
  2. 2 Whether the sheriff principal can issue an administrative direction to the sheriff clerk to sign a warrant to commence proceedings after refusal by the sheriff
  3. 3 Whether refusal of warrant infringes access to justice under Article 6 ECHR

Ratio Decidendi

The applicant, as solicitor, did not have sufficient interest to apply for guardianship on behalf of the adult under the 2000 Act, and the challenge to the sheriff's refusal to grant warrant was in essence an incompetent appeal. There was no denial of the adult's rights as the local authority had a statutory duty to apply if necessary.

Court Disposition

Application for administrative direction refused; challenge to sheriff's refusal dismissed as incompetent.