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Local authorities and the Court of Protection’s welfare jurisdiction in 2013–14 (£)

Date:24 MAR 2015
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Lucy Series, Adam Mercer, Katie Mobbs, Abigail Walbridge, Phil Fennell and Julie Doughty, 
Since the Court of Protection (CoP) was established by the Mental Capacity Act 2005 (MCA), local authorities have increasingly been involved in welfare proceedings relating to their community care and safeguarding functions, or their role as supervisory bodies under the MCA deprivation of liberty safeguards (DoLS).

This article reports the findings of a survey of local authorities’ involvement in CoP welfare proceedings during 2013–14. Local authorities in P (By His Litigation Friend the Official Solicitor) v Cheshire West and Chester Council and Another; P and Q (By Their Litigation Friend the Official Solicitor) v Surrey County Council [2014] UKSC 19, [2014] COPLR 313.

The full version of this article appears in issue 1 of 2015 of Elder Law Journal.

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Read the full article here.