header-logo header-logo

13 April 2008 / Ed Mitchell , Clive Lewis KC
Issue: 7268 / Categories: Features , Public , Community care
printer mail-detail

Community care law update

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll