The Weekly Law Reports
[2017] 2 WLR 926
Court of Protection
In re
Briggs (Incapacitated Person)
[2016] EWCOP 48
2016 Nov 7,
8;
24
Charles J
Legal aid— Availability— Determination of patient’s best interests— Incapacitated person in minimally conscious state in hospital under deprivation of liberty authorisation— Application by person’s representative to determine whether in person’s best interests to continue to receive clinically assisted nutrition and hydration necessary for survival— Whether non-means tested legal aid funding available to incapacitated person’s representative—
Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50, Schs 7, 9, para 2), s 21A, Sch A1, para 16
—
Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (SI 2013/480), reg 5(1)(g) (as amended by Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (SI 2013/753), reg 2(2)(a))
Mental disorder— Incapable person— Deprivation of liberty— Incapacitated person in minimally conscious state in hospital under deprivation of liberty authorisation— Application by person’s representative to determine whether in person’s best interests to continue to receive clinically assisted nutrition and hydration necessary for survival— Whether application brought under correct statutory provision— Whether issue relating to medical treatment to be taken into account in applying best interest requirement in deprivation of liberty safeguards—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5
—
Mental Capacity Act 2005 (as amended by Mental Health Act 2007, s 50, Schs 7, 9, para 2), s 21A, Sch A1, para 16