GJ v The Foundation Trust and Another: FD 20 Nov 2009

The statutory provisions of the 2007 Act for review of standard authorisations were matters that the Court of Protection should take into account in determining whether it should make an order authorising the deprivation of P’s liberty, and if so the extent and period of such an authorisation having regard to the authorities relating to the need for review of a deprivation of liberty based on the exercise of the inherent jurisdiction. One of the jurisdictional issues remaining unresolved as ‘what, if any, inherent jurisdiction the Court of Protection has and whether the High Court retains its inherent jurisdiction in this area or whether it has been suspended by the MCA.’

Charles J
[2009] EWHC 2972 (Fam), [2010] 1 FLR 1251, [2010] Fam Law 139, (2009) 12 CCL Rep 600, [2010] Fam 70, [2010] 3 WLR 840
Mental Health Act 2007, Mental Capacity Act 2005
England and Wales
AppliedRe DE, JE v DE, Surrey County Council and EW FD 29-Dec-2006
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She . .

Cited by:
CitedG v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .

Lists of cited by and citing cases may be incomplete.


Updated: 12 December 2021; Ref: scu.381751