The court has jurisdiction to grant whatever relief in declaratory form is necessary to safeguard and promote a vulnerable adult’s welfare and interests. The inherent jurisdiction of the High Court encompasses situations in which the necessity doctrine does not arise, because there is no tort to which a defence is required, but there is still jurisdiction to declare whether something is, or is not, in a person’s best interests.
Citations:
[2006] EWHC 3460 (Fam), [2007] 2 FLR 1115
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Cited – N v ACCG and Others SC 22-Mar-2017
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 28 July 2022; Ref: scu.263393
