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Free Nursing Care Information

Forum to assist all patients to obtain NHS care 'free at the point of need' which has been the statutory right of every resident British citizen since the 1946 National Health Service Act became law.


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A Court of Protection Decision

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Guest
Guest

A Court of Protection Decision

Post by Guest on Sun Nov 20, 2011 9:46 am

If anyone reads this Court of Protection Decision, and fails to find it a stunningly good read, they have no heart.

It's long - but you can work your way easily to any section that may be of interest.

http://www.bailii.org/ew/cases/EWHC/COP/2011/2420.html

Amongst many other 'areas of interest', this paragraph will be of interest to anyone who is facing or who has faced Court of Protection:

13 — PUBLIC LAW CONSIDERATIONS

I accept the Official Solicitor's submission that it is not a function of the Court of Protection to determine the legality of local authority and NHS assessments of the services to which Mr and Mrs H are entitled under the relevant statutory provisions. I also accept that this court cannot direct the local authority or NHS to provide services which they have assessed that Mr and Mrs H do not require or which they have decided at their reasonable discretion not to provide. I am less sure that there is no valid basis for a challenge but have proceeded on the basis that the assessments are valid unless and until they are set aside by the appropriate court or modified by the service providers themselves (if ever).



VM pig


richay

Re: A Court of Protection Decision

Post by richay on Sun Nov 20, 2011 10:38 am

It seems to that thre a lot of useful definitions in that judgement. a lot of which could be extremely usefl to anyone claiming CCF. I particulary think the bit about the panel making decions about CCF could be useful.

Guest
Guest

Re: A Court of Protection Decision

Post by Guest on Sun Nov 20, 2011 1:48 pm

I was absolutely shocked by the social workers from the LA. There were so many ways they thought they knew best. It is incredible they think they can dictate mealtimes etc. and possible separate a couple.

mergymraeg100

Re: A Court of Protection Decision

Post by mergymraeg100 on Wed Nov 23, 2011 10:00 pm

VM pig I have read the above www.link...what a wonderful piece of research....I will have to read it again I am afraid...very traumatic read.....Thank you VM
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