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A non-decision but far from a non-issue: Re X (Court of Protection Practice) [2015] EWCA Civ 599
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In the case of
Re X (Court of Protection Practice) [2015] EWCA Civ 599 the Court of Appeal considered two decisions of the President of the Court of Protection Sir James Munby which had given rise to a new procedure for dealing with applications made for the Court to authorise deprivations of liberty. The number of such applications had soared following the decision in
Surrey County Council v P and Others Cheshire West and Chester Council v P and Another [2014] UKSC 19 [2014] COPLR 313 in which the justices of the Supreme Court clarified the 'acid test' for determining whether the arrangements in place to safeguard P constituted a deprivation of P’s liberty with figures submitted to the Health and Social Care Information Centre suggesting that in the year following the landmark decision the number had risen ten-fold.
1 Munby P identified a clear need to ensure that this huge number of cases could be dealt with in a manner that avoided delay but at the same time...
Read the full article here.
