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.
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AJ (by her Litigation Friend the Official Solicitor) v A Local Authority [2015] EWCOP 5
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Mental Capacity Act 2005, deprivation of liberty, local authority ensuring person who lacks capacity is able to challenge liberty deprivation
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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
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Judgment
AJ (by her Litigation Friend the Official Solicitor) v A Local Authority [2015] EWCOP 5
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- Court of Protection
- Judgments
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