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17 February 2012 / Barbara Hewson
Issue: 7501 / Categories: Features , Public , Mental health
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Who guards the guardians?

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

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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