HH, Re [2006] ScotSC 92 (09 June 2006)

HH, Re [2006] ScotSC 92 (09 June 2006)

The statutory requirement for at least one medical report from an 'approved medical practitioner' under Scottish law was not satisfied by certificates from Northern Ireland practitioners; compliance was achieved only after a Scottish-approved practitioner conducted the assessment. The court has jurisdiction as the...

Source-derived case information.

Citation
[2006] ScotSC 92
Parties
Applicant: HH; Adult (subject of Application): Miss M McC
Jurisdiction
Scotland
Judgment Date
09 June 2006
Procedural Posture
Application for Appointment of Financial Guardian / Judgment on Application
Outcome
application granted
Legal Topics
Appointment of Financial Guardian, Medical Certification Requirements, Jurisdiction Under Adults With Incapacity (scotland) Act 2000
Mental Health Law Adult Incapacity Law Appointment of Financial Guardian Medical Certification Requirements Jurisdiction Under Adults With Incapacity (scotland) Act 2000

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Summary, issues, holding and outcome

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Parties

HH

Applicant

Miss M McC

Adult (subject of Application)

Procedural Posture

Application for Appointment of Financial Guardian / Judgment on Application

Legal Issues

  1. 1 Whether medical certification from practitioners outside Scotland satisfies section 57 of the Adults with Incapacity (Scotland) Act 2000 as amended
  2. 2 Interpretation of 'approved medical practitioner' under section 22 of the Mental Health (Care and Treatment) (Scotland) Act 2003
  3. 3 Jurisdiction of Scottish courts when the adult is resident outside Scotland

Ratio Decidendi

The statutory requirement for at least one medical report from an 'approved medical practitioner' under Scottish law was not satisfied by certificates from Northern Ireland practitioners; compliance was achieved only after a Scottish-approved practitioner conducted the assessment. The court has jurisdiction as the property is in Scotland.

Court Disposition

application granted

Orders

  • HH appointed as financial guardian to Miss M McC
  • Permission granted to sell the adult's home