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
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



