| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 257 (Nov) |
| Neutral Citation: | [2009] Lexis Citation 4 |
| Court: | Court of Protection |
| Judge: | Judge Marshall QC sitting as a deputy judge of the High Court |
| Representation | Stephen Cragg (instructed by Irwin Mitchell) for the appellant. |
| Judgment Dates: | 28 May 2009 |
Catchwords
Mental health - Court of Protection - Jurisdiction - F suffering from dissociative disorder of movement and a somatisation disorder leaving her in state of pain and bed bound - Local authority providing minimum nursing care - Local authority expressing concern as to F's mental capacity and seeking declaration for determination of issue - District judge declining to make order and adjourning case for further evidence - Whether judge erring - Basis for Court of Protection exercising its statutory powers - s 15, 48.
The Case
Mental health Court of Protection. The Court of Protection held, after determining the proper test for finding its jurisdiction to entertain an application under s48 of the that the appellant had not had the requisite mental capacity to make decisions in relation to her own care needs.
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