header-logo header-logo

Who guards the guardians?

17 February 2012 / Barbara Hewson
Issue: 7501 / Categories: Features , Public , Mental health
printer mail-detail

Barbara Hewson examines the uneasy relationship between guardians & resistive patients

Peter Jackson J has handed down an important judgment which confirms the extent of guardians’ powers, in relation to people who lack capacity. C v Blackburn with Darwen Borough Council & Blackburn with Darwen Teaching Care Trust [2011] EWHC 3321 (COP) deals with the unusual situation where a person subject to guardianship is also deprived of his liberty under a standard authorisation, and challenges that deprivation in the Court of Protection. C was challenging his deprivation. A novel issue arose in this case: whether the Court of Protection has any jurisdiction over a guardian’s decision-making.

The guardian’s role

Section 8(1) of the Mental Health Act 1983 (MeHA 1983) reads (emphasis added): “Where a guardianship application, duly made...to the local social services authority within the period allowed by subsection (2) below is accepted by that authority, the application shall...confer on the authority or person named in the application as guardian, to the exclusion of any other person: (a) the power to

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll