What to do, what to do – the procedural implications of Cheshire West

A cross-post here to my fellow author Sophy Miles’ excellent post on the Court of Protection Handbook site on the two judgments handed down today by Charles J in the latest round of the Re X fall-out.  Re JM makes incredibly stark the difficulty of securing rights in an age of austerity; Re VE gives a very useful guidance note for family members (or others) considering acting as Rule 3A representatives in deprivation of liberty cases.

Print Friendly, PDF & Email

One Reply to “What to do, what to do – the procedural implications of Cheshire West”

  1. I thought social workers and local authorities were without peers when it came to getting in a muddle and confusing process with outcome, but am no longer sure. From deep in the undergrowth of Re X applications, it looks like Justice Charles first judgement included a repetition of a lot that was already on the COPDOL10, and the most recent judgement included a lot of what is already on the Annex C, and a 3A rep may well be the person completing the Annex C in any case. I’m sure I have misunderstood this, and recognize the importance of representation and who is party to the proceedings, but I am concerned that elaborating the process may encourage policy makers to conclude that nothing useful is affordable, and concentrate instead on looking for the most attractive patch of long grass and practicing a good clean swing of their favoured foot.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.