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

NLJ Career Profile: Mike Wilson, Blake Morgan

NLJ Career Profile: Mike Wilson, Blake Morgan

Mike Wilson, managing partner of Blake Morgan chair of the CBI’s South-East Council, reflects on his career the challenges that have defined him

Clarke Willmott—Alexandria Kittlety

Clarke Willmott—Alexandria Kittlety

Partner joins commercial property team in Birmingham

Birketts—Will MacFarlane & Sarah Dodds

Birketts—Will MacFarlane & Sarah Dodds

Family team expands with double appointment in Bristol office

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
back-to-top-scroll