PH v A Clinical Commissioning Group [2022] EWCOP 12
COP proceedings during s3 dismissed Proceedings were brought under s16 MCA 2005 in respect of LH, a patient detained under s3 MHA 1983, by his mother as litigation friend, seeking orders authoring his future deprivation of liberty in the community and other related declarations. There was no jurisdictional bar to the court making such orders, but LH's discharge from the MHA was not imminent and court oversight of the process would be costly and inefficient for the parties and the court. The application was therefore dismissed.
Essex
This case has been summarised on page 29 of 39 Essex Chambers, 'Mental Capacity Report' (issue 121, April 2022).Full judgment: BAILII
Subject(s):
- Deprivation of liberty🔍
Date: 14/3/22🔍
Court: Court of Protection🔍
Judge(s):
- Simon Burrows🔍
Parties:
Citation number(s):
What links here:- 39 Essex Chambers, 'Mental Capacity Report' (issue 121, April 2022)
- Jonathan Wilson, 'Mental health case law: update' (Legal Action, May 2023)
Published: 24/7/22 22:00
Cached: 2024-11-21 17:36:33
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