Inappropriate to bring medical question under deprivation of liberty safeguards procedure


Re: Director of Legal Aid Casework & Ors v Briggs [2017] EWCA Civ 1169

The question for the Court was whether the application had been properly brought under the Mental Capacity Act 2005, s 21A, which related to decisions about deprivation of liberty, and as such non-means tested legal aid was available in the Court of Protection. However, the Court highlighted that the instant case was not about legal aid. The Court allowed the appeal as the central question in this case had been whether clinically assisted nutrition and hydration was in the best interests of Mr Briggs and so an application under the MCA 2005, s 21A had not been appropriate.

Paul Nicholls QC was involved in this case.