The Law Reports (Family Division)
[2018] Fam 63
Court of Appeal
In re
Briggs (Incapacitated Person)
[2017] EWCA Civ 1169
2017 July 3,
4;
31
Sir Brian Leveson P, King, Burnett LJJ
Legal aid— Availability— Incapacitated person’s representative— 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 representative entitled to non-means tested legal aid funding—
Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50(7), Sch, 9, para 2), s 21A
—
Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (SI 2013/480), reg 5(1)(g)
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 issues relating to medical treatment to be determined under procedure for issues relating to deprivation of liberty—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5
—
Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50, Schs 7, 9, para 2), ss 16, 21A, Sch A1