Thursday 29 December 2011

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AB (by his litigation friend Natalie Wood) v LCC (a Local Authority) and The Care Manager of BCH [2011] EWHC 3151 (COP) (Mostyn J): AB was an 81 year old man who had vascular dementia, memory and cognitive impairment, and poorly managed diabetes. The Local Authority made a deprivation of liberty authorisation in respect of his admission to the Care Home. This was challenged by AB. The issue arose as to whether his Relevant Person’s Representative (RPR) could be appointed as his litigation friend. The Judge held that a RPR could be appointed provided that she or he was not already a party to the proceedings, fulfilled the COP Rule 140 conditions, could and was willing to act as litigation friend in the patient’s best interests and the procedure at COP Rule 143 was complied with. The Official Solicitor’s policy is only to act as litigation friend when there is no one else willing and able to act. The Courts should try to determine whether there is a suitable litigation friend and in many cases the RPR can fulfil that role. Where the RPR is a family member, the Court would need to consider whether the patient’s interests were properly represented by the RPR. In those circumstances, the Court may feel it necessary to appoint the Official Solicitor as litigation friend. Ms Wood, AB’s RPR, was appointed as his litigation friend. Click here for the transcript.

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