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Mental Disorder

Incapable person — Deprivation of liberty — Whether joinder of incapacitated persons necessary — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5

14 October 2015

In re NRA and others [2015] EWCOP 59; [2015] WLR (D) 394t of Protection: Charles J

25 September 2015

An incapacitated person (“P”) did not have to be a party to all applications for welfare orders which sought to authorise, and which when made would authorise, a deprivation of P’s liberty caused by the implementation of the care package on which the welfare order was based. The way in which the Court of Protection could at present best obtain further information and P’s participation in such cases was for it to exercise its investigatory jurisdiction to obtain information through obtaining reports under section 49 of the Mental Capacity Act 2005 or through the issue of a witness summonses.

Charles J, sitting in the Court of Protection, so stated when giving directions in ten test cases (cases NRA, HR, ML, MJW, VS, EJG, MT, DPW, NR and LM) brought by local authorities seeking welfare orders under section 16(2)(a) ...

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