Judge: Hayden J
Citation:  EWCOP 38
In Cumbria County Council v A  EWCOP 38, Hayden J considered the position in relation to the situation where a local authority wishes to cease being a property and affairs deputy, and have a professional deputy appointed. In almost all cases, this will come at greater cost to the person – in the test cases before Hayden J, it appears from the identified comparator that the cost would be more than twice as much.
Hayden J made clear that where a deputy wishes to discontinue in the role, an application must be made to the court. Critically, the application will not be granted automatically:
There had been a suggestion before the court that it could examine whether the approach taken by Cumbria County Council in identifying groups of people where it no longer wished to act as deputy complied with s.149 Equality Act 2010 (i.e. the Public Sector Equality Duty). However, Hayden J made clear that the Court of Protection could not undertake such a review:
Hayden J emphasised that: