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Cardiff Mental Health and Wellbeing Event

The Cardiff Mental Health and Wellbeing networking event, held during Mental Health Awareness Week, served as a meaningful platform for dialogue, collaboration, and knowledge-sharing among organisations dedicated to improving mental health across Wales. This event provided invaluable insights into the services and resources available for individuals in need of mental health support.

A member of our team, Rhian Bumford (Solicitor) and an accredited mental health panel members, represented CJCH Solicitors at this impactful gathering. Her involvement not only reinforced our firm’s commitment to advocating for mental health awareness but also strengthened our position as a trusted legal partner in mental health law.

Key Takeaways from the Cardiff Mental Health and Wellbeing Event

A Platform for Collaboration

Networking events like this one foster collaboration among organisations driven by the shared goal of improving mental health outcomes. Rhian engaged with organisations such as Mind Cymru, ACS Cymru, and Achieve Together. These discussions expanded our understanding of the broad spectrum of support services available within the community, from in-hospital care to community-based support.

The event served as a reminder of how essential it is for legal professionals, charities, and healthcare providers to work in unison. By fostering these collaborations, we can deliver a more holistic and effective approach to mental health support.

Insights into Mental Health Resources

One of the event’s most valuable aspects was the opportunity to deepen our awareness of the resources available for individuals in Cardiff and the wider Wales region. This knowledge is particularly relevant to our practice as it enables us to guide our clients more effectively, ensuring they are aware of and have access to community resources that complement the legal support we provide.

Understanding the broader context in which legal cases take place is a critical part of our approach to mental health law. Whether it’s securing Section 117 aftercare services or advising nearest relatives on their rights, knowledge of available support networks enhances our ability to advocate for our clients comprehensively.

The Importance of Mental Health Awareness Week

Mental Health Awareness Week provides an important moment for reflection and action. It draws attention to the issues surrounding mental health and fosters conversations that can lead to meaningful change. Attending the Cardiff event during this week underscored the importance of ongoing efforts to reduce stigma, promote understanding, and drive systemic improvements in mental health care.

At CJCH Solicitors, we recognise the critical role that awareness campaigns play in shaping public perceptions and improving outcomes. Events like these inspire us to carry on our work as advocates for mental health rights.

Forging Connections with Local Charities

Building relationships with local organisations is central to our work in mental health law. Through discussions at the networking event, we laid the groundwork for partnerships that could enhance the services we provide to our clients. By connecting with like-minded organisations, we aim to create a web of support that ensures no individual feels isolated or unsupported during challenging times.

How Networking Supports Our Mission

Enhancing Expertise

Full comprehension of Cardiff’s and Wales’ mental health network strengthens our expertise in legal matters. Our ability to effectively represent our clients in tribunal cases, provide advice on detention under the Mental Health Act, or secure Section 117 aftercare is significantly enhanced by an understanding of the broader support ecosystem.

Reinforcing Our Dedication to Advocacy

By attending events like these, we reaffirm our commitment to mental health advocacy. We believe in the power of collaboration to not only improve outcomes for our clients but also to contribute to long-term improvements in mental health care.

Expanding Knowledge to Better Serve Clients

Networking is an essential tool for expanding our knowledge base. Understanding the needs of the community and the resources available allows us to offer bespoke, tailored advice to each client. From explaining complex legal terms in plain language to guiding clients through what may be an intimidating legal process, we strive to offer support that is both compassionate and effective.

Join the Conversation

Mental health should be at the forefront of public discourse, and we believe in the power of collective effort to make a difference. Whether you’re an individual seeking support or a professional interested in collaboration, here’s how you can join us in this mission today:

  • Speak to Our Team: Do you need advice or representation regarding mental health law? Reach out to our experienced team to learn how we can assist you.
  • Subscribe for Updates: Stay informed about mental health law, community initiatives, and upcoming events by subscribing to our newsletter.
  • Share the Message: Help raise awareness by sharing this post within your network. Empower others by contributing to the conversation around mental health.
  • Learn More About Us: Explore CJCH Solicitors’ commitment to mental health advocacy and how we combine legal expertise with compassionate support.

Working Together for Mental Health

The Cardiff Mental Health and Wellbeing networking event was not just an opportunity to engage with forward-thinking organisations but also a chance to reflect on the importance of collaboration in addressing mental health challenges. This event reinforces our belief that by working together, legal professionals, charities, and healthcare providers can create meaningful change in our communities.

At CJCH Solicitors, we remain steadfast in our advocacy for those navigating the complexities of mental health law. With our expertise, compassionate approach, and commitment to building connections, we aim to support each client in achieving the best possible outcomes.

Join us in championing mental health rights. Reach out to discuss how we can assist you with your legal needs or connect with us to learn more about our role in the mental health community.

 

CJCH Solicitor and Department Ranked in 2024 Partners and Chambers Guide

The CJCH Leadership team is excited to announce that one of our Solicitors, Amy Roberts-Rees, who is a Partner in charge of our Mental Health and Court of Protection Law departments, has been ranked in the 2024 Chambers and Partners Guide. This has been announced today along with the ranking of our Court of Protection department as a whole.

Chambers & Partners recognises the top law firms and lawyers globally. For the firm to be ranked for the first time is a prestigious accolade and really puts us on the map.  

Some quotes from clients and referees include:

“Amy is always entirely on the ball and knows what is going on.” “She is always available to her clients and has a broad knowledge of the law.”

“The team are very responsive.” “The firm’s lawyers are able to navigate complex matters with skill and pragmatism.”

This is a fantastic achievement and we are incredibly proud of the team!

Suicide Prevention Day – 10 September

Written by Rhian Bumford – Trainee Solicitor – Mental Health Law

 

The word ‘suicide‘ is usually a difficult one for people to talk about or sometimes even say. This is why it is all the more important that we do talk about it, in order to erase the stigma and shame around this sensitive subject and allow more conversation in the hope of prevention.

We live in a world where we are all so easily connected to one another, not only does this make our personal and work lives somewhat easier, but this can also present challenges to those that are struggling with their mental health. The connectivity can bring about unnecessary pressures and anxiety.

Someone who is struggling with these feelings may feel alone and that they have nowhere or no one to talk to. Often the victims are ashamed and do not want to burden anyone else with how they are feeling.

Within the Mental Health department at CJCH, we are exposed to the incredibly intricate world of mental health every day. No two clients are the same and every client is unique in their own way. Dealing with their own different thoughts and feelings, often something as simple as a conversation with a client who is battling with their mental health can make a huge difference to their day.

Samaritans provide various resources to support those who are struggling with these issues and have outlined some myths around suicide which are useful for all to read. Although suicide affects all, recent UK statistics have shown that there is a larger proportion of men prone to suicide, with the highest suicide rates being observed in the age groups of men between 45 and 49. Suicide not only affects the victim but the family and friends around, and it is important to remember that suicide does not discriminate.

If you are struggling, please speak up there is ALWAYS someone that will listen and help. A problem shared is a problem halved.

Please, remember it’s okay not to be okay!

Resources you can use for help:

Samaritans

Rethink

Mental Health UK

 

Getting to know Court of Protection Law – a discussion with CJCH Solicitor, Connor Hegarty

As our Court of Protection team has been nominated for the Wales Legal Awards 2022 which will take place next week.  We had a chat with Connor Hegarty, Solicitor in our Court of Protection department

What is the Court of Protection and who does it help?

The Court of Protection deals with cases concerning people who have been assessed as lacking capacity to make a specific decision.  Where a person lacks capacity, the Court can make a best interest’s decision on the individual’s behalf. These can include the most serious and life-changing decisions including where someone lives, to how they interact with wider society, to considering withdrawal of life-sustaining medical treatment or nutrition/hydration. As well as dealing with cases concerning a person’s welfare, the Court also hears challenges to an individual’s deprivation of liberty pursuant to Article 5 ECHR.

As well as resolving disputes as to what might be in someone’s best interests, the Court also deals with the appointment of Deputies and Attorneys under Lasting Powers of Attorney.

What circumstances would lead to someone being considered as ‘lacking mental capacity’?

A person is considered to lack mental capacity for a specific decision if they met the legal test set out in the MCA 2005. Put simply, this is where a person has a cognitive impairment, and due to that impairment, cannot understand relevant information for a decision, use/weigh up that information, retain it, or communicate a decision on the specific subject. Examples of a cognitive impairment could be a brain injury, dementia or related conditions, or more severe learning disabilities. Although it is a legal test, assessments for capacity are often carried out by a health or social care professional.

It is always important to remember that lacking mental capacity is always decision specific.

What are some examples of decisions made in the Court of Protection? 

The Court can make a best interests decision concerning a wide variety of areas affecting a person’s life, where there is evidence to suggest they lack the capacity to make the decision themselves, including:

  • Conducting legal proceedings
  • Where they live
  • The care they receive
  • How their property and finances are managed
  • Who they have contact with, or how contact is regulated
  • How they access the internet and social media
  • Whether they can consume alcohol or smoke
  • The medical treatment they receive, including serious medical treatment, and decisions about vaccinations
  • Management of specific or long-term health conditions, such as diabetes
  • The appointment of a Deputy or Attorney for health/welfare or property/financial affairs

What does a solicitor who specialises in Court of Protection do and when should you speak to one? 

As specialists acting in the Court of Protection, the team of solicitors at CJCH can advise you on any areas that affect capacity law or best interests. We can advise on any disputes arising on whether a person has capacity for a specific decision, how a person’s personal welfare is being managed and challenges to a deprivation of liberty. We also have extensive experience advising on capacity and best interests concerning medical treatment, including the most serious cases before the High Court.

What is a Deputy?

A Deputy is a court-appointed individual to act in a person’s place to make decisions in their best interests, where the individual has been assessed as lacking capacity. Deputies can act in two areas, for health/welfare (less common) or property/financial affairs (more common). To be appointed a Deputy, the person seeking to act in this role must make an application to the Court.

Who can become a Deputy? Are there any rules surrounding this?

A Deputy must be over the age of 18. A Deputy is typically a relative or close friend of the individual concerned, but not always. Some Local Authorities will act as a Deputy for individuals in their area. There are also “professional” Deputies who act for a fee. There can be more than one Deputy appointed.

Deputies will be bound by obligations placed on their actions by the Mental Capacity Act 2005. They must also prepare an annual report detailing how they have acted in the individual’s best interest.

What is a Lasting Power of Attorney (LPA)? 

An LPA is a legal document that lets a person provide authority to another to assist them in making decisions about their health/welfare or property/financial affairs.

A crucial distinction between Attorneys and Deputies is that the Attorney must be appointed by the individual concerned when they have capacity to do so. If a person is assessed as lacking capacity, they cannot lawfully appoint an Attorney.

Who can become an Attorney? Are there any rules surrounding this? 

Similar to Deputies, an Attorney must be over the age of 18, and is typically a relative or close friend of the individual concerned, but not always. There are also “professional” Attorneys who act for a fee. There can be more than one Attorney appointed, who can act together or separately. For example, a parent may appoint more than two children to act as Attorneys to assist with decisions on finances.

What is the Office of the Public Guardian?

The Office of the Public Guardian is the body that oversees Deputies and Attorneys in England & Wales and investigates any complaints or concerns on how they may be acting.

Mental Health Awareness Week: Unlocking lockdown

By Sarah Newport

We hope that our clients and their families are all keeping safe and well during the coronavirus crisis.

Sarah Newport

The Court of Protection team here at CJCH have been busy during the lockdown, continuing to represent vulnerable individuals and their families. We have been on hand to assist in ‘unlocking the lockdown’ to guide our clients through the emergent impact of the coronavirus pandemic.

There has been guidance coming from all directions across the legal, medical, and community care professions. All of which have been insightful and helpful, but can be daunting for an individual to review and understand. Our team has been keeping on top of the guidance to break vast amounts of information down to the crucial issues for our clients.

We are proud to have supported Mental Health Awareness week, seeing the initiative remain at full strength is a pleasure. It is important now more than ever that the promotion of mental health support is as prevalent as possible.

Lockdown and the rights of the individual

We are all feeling the effects of the lockdown and the separation from loved ones. However, the coronavirus has unfortunately impacted vulnerable individuals and those lacking mental capacity to a disproportionate degree.

Our team has been keeping a keen eye on ensuring that our vulnerable clients are not being inappropriately subjected to ‘blanket policies’ in care settings, whether it be in a hospital, care home, or supported living placements.

We have taken a strong stance in reminding public bodies of their duties in taking a person-centred approach.

We have been advocating strongly for family contact to be maintained in whatever creative, but safe, way possible. We have enjoyed checking in with our lovely clients via platforms such as Skype or Zoom and we appreciate the occasional guest star when pets or children make an appearance!

Question: What can I do if I have concerns about a person who lacks mental capacity?

It cannot be emphasised enough that the protection offered by the Mental Capacity Act 2005 prevails. The principles of the legislation and the Deprivation of Liberty Safeguards (DoLs) remain unchanged during the pandemic. Groups of individuals who lack capacity cannot be treated the same, restrictions must be considered on a person by person basis.

If somebody is deprived of their liberty under a ‘DoLs’, any greater restriction during the pandemic must be lawfully authorised. The relevant public body must conduct an appropriate review.

If there is any dispute about a person’s best interests, an application to the Court of Protection remains the appropriate route to resolve this. The Court of Protection has adapted to lockdown quickly and efficiently with cases are being heard remotely every day.

If you are worried about a vulnerable person at this time, the CJCH Court of Protection team is available to assist, click here for our contact information. CJCH Here for you. 

Here for you – CJCH Solicitors to continue providing services for clients

The CJCH team are monitoring the COVID-19 (Coronavirus) situation closely and are adhering to the guidelines put in place by the government and public health authorities. The personal health and wellbeing of our staff, clients, and the communities in which we operate are of the utmost importance to us, and we will continue to do everything in our power to reduce risk where possible.

Currently, CJCH is operating as per usual, albeit with heightened protective measures. We wanted to provide an update of additional precautions we have put in place as part of our business continuity plan. 

We are asking staff and clients to minimise the needs for in-person meetings over this period and to use other options (outlined below) to correspond with clients where possible. We are also asking staff, clients, and visitors not to shakes hands or come into any form of personal contact with each other where avoidable.

Our staff will ensure they are fit and healthy when they come to work and perform their duties, and will self-isolate if they feel unwell prior to coming to work, as per the symptoms outlined by the Government and Department of Health.

We always promote a healthy work environment with high standards of hygiene, and to address the seriousness of this situation we have increased our hygiene precautions further. All four of our offices have anti-bacterial soap and other hygiene amenities required, and staff have been briefed to wash their hands regularly, reduce personal contact, and sanitise their work stations.

We understand that the services we provide can be critical to the wellbeing of our clients and their livelihoods, and we, therefore, commit to continue to provide these services in any format that is safe and reduces possible risk to all involved. As such, with immediate effect we are offering our clients the following options to replace in-person meetings:

  • Video conference meetings – our team have the facilities for Skype, FaceTime, Whereby Meetings, MS Teams, Google+ Hangouts, and Zoom. They will set up a video meeting with you and assist you with the details if you are not familiar with these services or try to accommodate another format you are more comfortable with.
  • As always, you have the option of conference call/telephone discussions with your solicitor. Please see a full list of our contact numbers at the end of this message.
  • Email support for your matters – please find the list of departmental contact details at the end of this message.

If we are required to close one, or all, of our offices for whatever reason, we will endeavour to continue to provide our services to our clients in any reasonable format, and to the professional standards, our clients are used to. We will monitor the operations of the courts, tribunals, and other related organisations to advise clients of any impacts or delays to their matters where possible.

For more information and advice on COVID-19, please follow this link from the NHS: https://www.nhs.uk/conditions/coronavirus-covid-19/

CJCH Direct contact numbers:

  1. Cardiff Head office: +44 (0) 29 2048 3181
  2. Barry Office +44 (0) 14 4642 0043
  3. Bridgend Office +44 (0) 16 5645 7466
  4. Blackwood office +44 (0) 1495 227 128
  5. 24 Hour emergency line : +44 (0) 7967 305949

CJCH Department direct contact emails:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

CJCH Solicitors will always operate with our staff and client’s best interests at heart, and we are positive we will be able to continue to support you during these uncertain times.

All work-related travel is put on hold for our staff, including locally to major cities such as London. We are also asking staff to reduce persona travel and to inform us of any personal travel they have planned to allow us to assess the impact.  

Please do everything possible to ensure your wellbeing and the wellbeing of those around you. 

CJCH Solicitors partner named one of Wales’ 30 young lawyers to watch!

The senior partners of CJCH Solicitors are proud to congratulate Amy Roberts-Rees, our firm’s partner in charge of the Mental Health Law and Court of Protection practice, for being named one of the 30 young lawyers to watch in the Wales Online publication.

Amy joined CJCH in 2013 as a partner and has been instrumental in expanding the great work we do in Legal Aid to represent those in need of assistance with Mental Health Law. Amy has also developed and grown our Court of Protection practice, and built a high performing, client-centric department of dedicated specialists.

Congratulations on a well-deserved accolade and recognition of your continuous growth.

Find the full Wales Online feature here.

 

Happy International Women’s Day

It’s the 8th of March, which is International Women’s Day, and although we celebrate our rich diversity and inspirational team everyday, we take some time today to stop and recognise the  immeasurable contribution made by the Women of the world.

1918 – Contance Markiewicz – First Woman elected to British House of Commons.

1921 – Edith Wharton – First Woman to win Pulitzer Prize.

1928 – Amelia Earhart – First Woman to fly a plan across the Atlantic.

1973 – Sybil Phoenix – First Black Woman to be awarded a MBE (35 years later in 2008 she was awarded an OBE).

1976 – Mary Joy Langdon – First Woman to become a fire fighter in the UK.

1981 – Baroness young – First Woman leader of the House of Lords.

2006 – Margaret Beckett – First Woman to become Foreign Secretary for the UK.

2017 – Lady Hale – Appointed first Female President of the UK Supreme court.

These are but a mere snapshot of the endless contributions and advancements Women have made throughout our history. We asked a few of the inspirational Women in our own team to reflect on their careers and share their experiences.

Amy Roberts-Rees, Solicitor and Partner: Head of Mental Health Law and Court of Protection Department

Amy has been with CJCH solicitors for 5 years and has been instrumental in growing the Mental Health Law practice, and establishing our Court of Protection service line. When asked what her proudest achievement has been in her professional career, Amy said:

I’m proud to be recognised as one of the leading female solicitors in the area of mental health law in South Wales, as well as having become a partner at the age of 29 to the largest mental health law firm in South Wales. I established the court of protection for welfare department at CJCH Solicitors who now lead in the area for Court of protection cases in relation to Deprivation of Liberty (Dols) and welfare matters. I am also a panel accredited member recognised by the law society in the area of mental health law.

We asked Amy what advice she would give to the next generation of young Women seeking to join the legal profession:

Becoming a solicitor is an aspirational position to obtain, long hours and extensive time in progressing in the area of law you wish to specialise in involves hard work and determination. If you have qualities such as being ambitious, driven and most importantly passionate about your work, your career will flourish. In order to achieve in life you get out what you put in.

Jodi Winter: Solicitor and Partner: Head of Family, Matrimonial and Child care Law Department, and Partner in charge of our Barry office

Jodi’s career in law boasts an impressive array of achievements. She joined CJCH Solicitors in 2013, and prior to this spent 14 years in the Public Sector, with half this time as a Chief Legal Officer.

We asked Jodi what barriers she has had to overcome to achieve success:

Being a female from a working class family in the Rhondda Valley ( of which I am very proud), with an ambition of embarking on what was a predominantly middle class male profession was something that was discouraged by careers advisors at my school. I recall the careers  questionnaire that I completed in 1991 where I clearly set out my preferences to be a solicitor, produced the most suitable job match for me as a librarian! Fortunately, apart from that I have always been supported in my career by those who have managed me, worked with me and for me regardless of gender.

When asked what her proudest achievement was, Jodi jovially commented:

After years of hard graft, part time jobs, study and 30k worth of debt – being admitted to the Roll of Solicitors.

She went on to add:

The second followed on from  that by being made a Chief Legal Officer (in the public Sector) at the age of 28 and then at 38 being invited to join CJCH as partner

Lastly, when asked if she felt that Women have more opportunities within the legal industry now, Jodi said:

Absolutely – there are  more women entering the profession, more female partners and directors. Far more women Judges – after all 2017 saw  Baroness Hale’s appointment as the first Female President of the UK Supreme Court …. YAY!

Amy Palin, Paralegal: Blackwood office, Private Law and Conveyancing

Amy is a recent addition to CJCH having started at the firm in 2017 after completing the Legal Practice Course at Cardiff University. She began with us in our Cardiff office in the Anti-Piracy and Licence Compliance research team, and has since been moved to being a dedicated Paralegal in the Blackwood office on the path to being a trainee solicitor with the firm.

When asked what barriers she has had to face, Amy replied:

Thankfully I do not feel I have faced nor have had to overcome any barriers so far. I do feel that I am very early in my career, and this may be something that is encountered later, however I do not believe or worry that that would ever be something I would experience in CJCH. It is great to be able to work for a firm that clearly holds no prejudice, with so many women holding important positions in the firm, not only several partners but also a senior partner.

Advice Amy would give aspiring lawyers looking to enter the profession:

I would say to not believe it is a profession which is dominated by men, as it may have been in the past, as this is not the case anymore. I also believe it is important to remember that men and women may have different qualities to bring to the profession. I am sure many women have believed they weren’t as outspoken or assertive as their male colleagues and superiors, so would never progress, so think “why should I bother?”. No one should feel that they don’t have what it takes because they don’t fulfill the classic idea of a lawyer, the intimidating “shark” in the big office, that always knows best. I believe times are very different now and as well as considering yourself equal to males in your profession, you must consider yourself equal to your client, so any arrogance or believing yourself as superior is unlikely to be a positive quality for a promising career in law in the future.

Sally Perrett, Solicitor: Child care Law

Sally has been with CJCH Solicitors for two and a half years, and although she represents clients throughout South Wales, she is based in our Barry office. Sally acts, mainly, on behalf of parents in child care proceedings brought by the Local Authorities.

When asked what her proudest professional achievement was:

For me, this would have to be being accepted on to the Law Society Children Panel.

We asked Sally what advice she would give to women starting out in the field:

The Legal profession isn’t easy, however if you work hard the rewards will follow.

Lastly, in reply to whether she thinks Women now have more opportunities within the legal industry now, Sally said:

Yes definitely, there are more women than ever before in senior positions both within the private and public sector and the judiciary. However, they have worked incredibly hard  and made sacrifices both professionally and personally to be there. Hopefully in the future these sacrifices will not have to be so great.

 

We would like to thank each of our team members who contributed to this post, and wish a happy Women’s Day to all.

 

 

Fluctuating capacity and how to address future uncertainties of care planning in a section 21A appeal

By Emma Sutton (instructed on behalf of MB) and Rebecca Evan-Williams (CJCH Solicitors). Re-post of article from No5 Barristers Chambers.

31 January 2018

Background

The court had before it an application brought on behalf of MB pursuant to section 21A of the Mental Capacity Act 2005 (‘the Act’) by his RPR, Mrs Claire Reid, to challenge a standard authorisation made in accordance with schedule A1 of that Act; the primary challenges being whether the mental capacity and best interests qualifying requirements were met. So far, so good.

MB had resided in a care home since 2008 and had a diagnosis of moderate learning disability, autism spectrum disorder and complex epilepsy and as a consequence of his diagnoses, required close supervision of daily living and prompting from his carers.

Due to the complexities of MB’s presentation, a number of expert reports were necessary to assist the court to resolve the proceedings and a position was reached whereby the capacity evidence prepared by Dr Michael Layton (Consultant Psychiatrist) and Dr Lisa Rippon (Consultant Developmental Psychiatrist), and their jointly prepared statement, was accepted by the parties. The expert evidence unanimously concluded that MB had the capacity to make decisions regarding his residence and care needs, but lacked the capacity to conduct the proceedings.

By reason of the above, the court accepted that it had no jurisdiction to make best interest decisions regarding MB’s residence and care; notwithstanding his requests to leave his care home and move to alternative accommodation. The court determined (per section 21A(2)(a) and section 21A(3)(a) of the Act) that MB did not meet all of the necessary qualifying requirements in order for a standard authorisation to be in place (the mental capacity qualifying requirement not being met), and on such basis, the standard authorisaation was terminated with immediate effect.

Comment

Mrs Reid, as MB’s litigation friend, fully recognised that MB would (as a consequence of the expert evidence) effectively be removed from the procedural safeguards contained in schedule A1 of the Act. Her status as RPR would also end upon the termination of the standard authorisation.

Although his ‘appeal’ had been successful, careful consideration had to be given prior to the final hearing as to whether the case fell into the ambit where ‘contingent’ capacity decisions were appropriate. The Court of Protection Practice helpfully provides a template order [see pages 2362-2364 of the 2017 edition] for such circumstances and this was brought to the courts attention. However, on the facts of this particular case, it was accepted that there was no identifiable external trigger which would ‘cause’ a loss of capacity – for example, another person who unduly influences P, P resorting to alcohol use, capacity being dependent on a continuance of training/ advice etc.

Instead, MB’s fluctuation of capacity was intrinsically linked to his own inherent complex functioning and could not be put into a prescribed ‘box’ of when he would and wouldn’t have the ability to make capacitous decisions. In this regard, the experts said this:

Both Dr Rippon and Dr Leighton agreed that MB’s capacity could fluctuate during times of seizure activity but also when his level of anxiety rises and he becomes distressed because of environmental triggers. It was Dr Leighton’s view that these periods could last for several days and he gave the example of the time that MB had become angry with his RPR and had refused to see her for a week. However, what is less clear is whether his capacity was affected over the whole of this period. Therefore, although both doctors agreed that MB’s capacity had fluctuated, what is less certain is how long these periods could last(my emphasis)

As MB’s care plan had (for the past 10 years) met his complex needs, and due to the lack of specificity regarding whether and if so, for how long, seizure activity could potentially impact on his decision making, it was not considered appropriate for further exploration to be given to this issue – particularly as the ongoing nature of the proceedings was having an impact on MB.

A further point that required consideration was whether the appointment of an independent advocate (within the meaning of section 67 of the Care Act 2014) to represent and support MB for the purpose of any future needs assessment and the preparation of a care and support plan (etc) was necessary.

This was raised on behalf of MB which HHJ Parry addresses in her Judgment (with reference to the Care and Support (Independent Advocacy Support) (Number 2) Regulations 2014) and emphasised that the order would record ‘the Local Authority’s willingness and indeed, in my view, obligation to consider this ongoing additional support for MB in the decisions that he will now be making on his own behalf’.

Although set out in a recital (which is positive for reference as to the ‘reasonableness’ of future actions) this ultimately relates to a primary issue that the powers of the court do not extend to decisions compelling parties to provide services for P (N (Appellant) v ACCG and others (Respondents) [2017] UKSC 22, Baroness Hale, paragraph 29).

 

 

Emma Sutton was instructed by Rebecca Evan-Williams and Amy Rees-Roberts (Partner) of CJCH Solicitors (Cardiff) on behalf of MB

Claire Reid is a professional RPR and Project Lead for Training in Mind