The son of the family who lacked capacity and required a high degree of assistance in his care was taken to hospital, but then removed from there and placed for care without his mother being told where he was. Having grown up he complained of the Local Authority’s actions. The LA now argued that the coP did not have jurisdiction.
Held: ‘ the Court of Protection has jurisdiction (a) to deal with arguments raised on behalf of the son (and so, in general Court of Protection terms, P), which rely on breaches of Convention rights of which he (P) is a victim, and (b) to grant declaratory relief in respect of them.’
Judges:
Charles j
Citations:
[2010] EWHC 2770 (Fam), [2011] 1 WLR 1505, [2011] 1 FLR 2007, [2011] Fam Law 143
Links:
Statutes:
Jurisdiction:
England and Wales
Health, Human Rights
Updated: 28 March 2022; Ref: scu.592365