Court of Appeal holds public law issues not for Court of Protection


The appellant suffered from profound disabilities and lacked the capacity to make relevant decisions for himself. When he turned 19 a clinical commissioning group (ACCG) took over responsibility from the local authority for the funding of the appellant’s care. The appellant’s parents contended that ACCG ought to facilitate contact with the appellant in their home. The Court of Protection held that it was not possible to facilitate contact in the parents’ home and that the Court ought not to embark upon a best-interests analysis of contact at the parents’ home as a hypothetical possibility. The parents appealed and the Court of Appeal held that the Court of Protection did not have the power to obtain resources or facilities from a third party and it ought not to embark on an analysis on a hypothetical possibility. Hugh Southey QC was involved in this case. For the judgment please click here.