header-logo header-logo

Community care law update

13 April 2008 / Ed Mitchell , Clive Lewis KC
Issue: 7268 / Categories: Features , Public , Community care
printer mail-detail

Without notice applications, Deprivation of liberty, Local government ombudsman decisions, Mental Capacity Act 2005

PROTECTION OF VULNERABLE ADULTS

B Borough Council v S [2006] EWHC 2584 (Fam), [2006] All ER (D) 281 (Oct)

There is increasing awareness that the High Court can be used to authorise/validate actions taken by local authorities to protect vulnerable adults. This arises from what is termed the High Court’s inherent jurisdiction to declare that, under the common law doctrine of necessity, it would be lawful for an authority to enforce care arrangements for a vulnerable adult without the mental capacity to make valid care decisions. Before making any such declaration, and any associated injunction, the High Court must be satisfied that what is proposed is in the adult’s best interests.

Without notice application

These cases are often associated with care crises as a result of which local authorities wish to intervene without letting family members know their plans for fear they would be impeded. This leads authorities to apply to the High Court

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll