In the Matter of MN (Adult)

In the Matter of MN (Adult)


As Sir James Munby P, giving the lead judgment of the Court of Appeal noted, this appeal “raise[d] fundamental questions as to the nature of the Court of Protection’s jurisdiction and, in particular, the approach it should adopt when a care provider is unwilling to provide, or to fund, the care sought, whether by the patient or, as here, by the patient’s family.” The Court of Appeal also took the opportunity to give guidance as to conduct of welfare proceedings before the Court of Protection and to clarify when decisions, rather than declarations, should be sought.

Category Date

ACCG & Anor v MN & Anor


Summary: At the final hearing of an application for declarations as to where a young man should live (and receive education and care), and for regulation of his contact with… Read more »

Category Date

R (Afework) v London Borough of Camden


Summary: Mr Afework had been discharged from detention under the Mental Health Act 1983 (‘MHA’) in July 1993 and had since then been living in Council tenancies, receiving housing benefit…. Read more »

Category Date

R (Cornwall Council) v SoS for Health & Ors


Summary: This community care case, a judicial review of a decision of the SoS for Health as to the ordinary residence of an adult lacking the capacity to decide where… Read more »

Category Date

(Chatting) v (1) Viridian Housing (2) LB Wandsworth


Summary: This community care judicial review is of considerable importance for the very clear statement it contains as to the interaction between the MCA 2005 and public law. An elderly… Read more »

Category Date

R (ET) v (1) Islington LBC (2) Essex CC


Summary: This judicial review decision in the context of the assessment of a risk posed to children by a sexual offender merits brief mention as shedding a light (by analogy)… Read more »

Category Date

DM v Doncaster MBC & Secretary of State for Health


Summary: This case is not a Court of Protection case, but is of importance because of the detailed analysis conducted by Langstaff J of the provisions of the MCA 2005… Read more »

Category Date

R (O) v London Borough of Hammersmith & Fulham


Summary: O was a child with complex care needs due in part to his severe autism. O’s parents considered that O needed to reside and be educated in one location… Read more »

Category Date

McDonald v RB Kensington & Chelsea


Summary: We draw your attention to this important community care case because, in it, their Lordships (with a powerful dissent from Baroness Hale) make it clear that the scope for… Read more »

Category Date

R (W) v London Borough of Croydon


Summary: This was a judicial review challenge on behalf of an autistic and learning disabled young adult whose care and residence was funded by the LB Croydon. It was argued… Read more »

Category Date

Legal updates


Subscribe to our newsletters, updates and seminars.

Subscribe

Practice Areas


    Sectors


      Call +44 (0)20 7832 1111 for more information

      Barrister portfolio

      Close

      Click the + icon next to any barrister to add their profile to this portfolio.

      Barrister Call CV Email