Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

AJ (by her Litigation Friend the Official Solicitor) v A Local Authority [2015] EWCOP 5

Sep 29, 2018, 22:28 PM
Mental Capacity Act 2005, deprivation of liberty, local authority ensuring person who lacks capacity is able to challenge liberty deprivation
This case raises a number of issues about the provisions of the Mental Capacity Act 2005, and in particular the amendments that were introduced into that Act by the Mental Health Act 2007 concerning the procedures to be followed in cases of deprivation of liberty. The provisions under consideration include the selection and appointment of relevant person's representatives under Part 10 of Schedule A1 and independent mental capacity advocates under s.39D which have not, so far as I am aware, been considered in any previous judgment. More fundamentally, the case addresses the question of the extent of the duty on a local authority to ensure that a person who lacks capacity is able to challenge a deprivation of their liberty.
Slug : aj-by-her-litigation-friend-the-official-solicitor-v-a-local-authority-2015-ewcop-5
Meta Title : AJ (by her Litigation Friend the Official Solicitor) v A Local Authority [2015] EWCOP 5
Meta Keywords : Mental Capacity Act 2005, deprivation of liberty, local authority ensuring person who lacks capacity is able to challenge liberty deprivation
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 11, 2015, 11:10 AM
Article ID : 116587
Neutral Citation Number: [2015] EWCOP 5
Case No: COP 1242948

IN THE COURT OF PROTECTION

Royal Courts of Justice
Strand
London
WC2A 2LL

Date: 10/02/2015

Before :

THE HONOURABLE MR JUSTICE BAKER

- - - - - - - - - - - - - - - - - - - - -

IN THE MATTER OF THE MENTAL CAPACITY ACT 2005 AND IN THE MATTER OF AJ (DEPRIVATION OF LIBERTY SAFEGUARDS)

Between :

AJ (by her litigation friend the Official Solicitor)
Applicant

- and -

A LOCAL AUTHORITY
Respondent

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Victoria Butler-Cole (instructed by Foot Anstey) for the Applicant
Michael Dooley (of the Local Authority Legal Unit) for the Respondent

Hearing dates: 20th and 21st May 2014

- - - - - - - - - - - - - - - - - - - - -


Judgment

AJ (by her Litigation Friend the Official Solicitor) v A Local Authority [2015] EWCOP 5  
Categories :
  • Court of Protection
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from