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13 April 2008 / Ed Mitchell , Clive Lewis KC
Issue: 7268 / Categories: Features , Public , Community care
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Community care law update

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Without notice applications, Deprivation of liberty, Local government ombudsman decisions, Mental Capacity Act 2005

PROTECTION OF VULNERABLE ADULTS

B Borough Council v S [2006] EWHC 2584 (Fam), [2006] All ER (D) 281 (Oct)

There is increasing awareness that the High Court can be used to authorise/validate actions taken by local authorities to protect vulnerable adults. This arises from what is termed the High Court’s inherent jurisdiction to declare that, under the common law doctrine of necessity, it would be lawful for an authority to enforce care arrangements for a vulnerable adult without the mental capacity to make valid care decisions. Before making any such declaration, and any associated injunction, the High Court must be satisfied that what is proposed is in the adult’s best interests.

Without notice application

These cases are often associated with care crises as a result of which local authorities wish to intervene without letting family members know their plans for fear they would be impeded. This leads authorities to apply to the High Court

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