header-logo header-logo

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

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

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll