Best interests, available options, and case management before the Court of Protection – the Supreme Court pronounces

Alex Ruck Keene (39 Essex Chambers)  Sophy Miles (Doughty Street Chambers) and Neil Allen (39 Essex Chambers)

In N v ACCG [2017] UKSC 22 the Supreme Court has now pronounced definitively upon what the Court of Protection should do where is a dispute between the providers or funders of health or social services for a person lacking the capacity to make the decision for himself as to what services should be provided to him either between the person’s family or by analogy by those acting on behalf of the person.

The facts

The appeal arose from the decision taken in 2013 in relation to a young man MN with profound disabilities who lacked capacity to make decisions about his care. He was made the subject of a care order when he was 8 years old and placed in residential accommodation. On turning 18 he was moved to an adult residential placement and the clinical commissioning group took over funding for his placement the local authority remaining involved in the proceedings. MN’s parents accepted that he should live at the placement for the time being but...

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