Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles

VULNERABLE ADULT: KD and LD v Havering London Borough Council

Sep 29, 2018, 17:11 PM
Slug : kd-and-ld-v-havering-london-borough-council
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 19, 2009, 04:22 AM
Article ID : 87241

(Court of Protection; HHJ Horowitz QC sitting as nominated circuit judge; 19 October 2009)

In the Court of Protection a district judge had the jurisdiction to determine a case summarily, but this jurisdiction must be exercised appropriately and with a modicum of restraint.

The power to make an order of the court's own initiative without hearing the parties or giving them an opportunity to make representations did not extend to engagement in that procedure at the outset of a hearing in which the parties were in attendance, all the more so in expectation of procedural and no other steps.

It was plainly a power to be exercised as an alternative to a hearing and in the proper case, such as an emergency or where there was little or no apparent contest anticipated to the exercise of the court's powers. It was not likely to be an appropriate power to be exercised where the outcome was a deprivation of liberty in circumstances where there was a serious issue or potential issue as to whether that was appropriate, and so where European Convention on Human Rights, Arts 5 and 6 were engaged.

Further, where the court had previously ordered expert social work evidence to inform its position as to best interests, but that evidence was not available yet and there had been no relevant change in circumstances suggesting that such evidence was no longer required, a summary determination was inappropriate.

If the court was minded to consider that an outstanding report was no longer appropriate, it would be a wrongful exercise of discretion and procedurally unfair not to allow the parties to urge on the court reasons why nonetheless it was appropriate to wait for evidence already commissioned.

A generic order authorising placement at the named nursing home 'or such other establishment as shall be recommended' was inconsistent with the new regime; a sweeping unfettered delegation of future management power should not be made, particularly without proper warning or examination.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from