21. G v E and Manchester City Council and F  EHWC 2512 (COP) (Fam) (Mr Justice Baker, 11 October 2010). This is a continuation of the proceedings already mentioned at paragraphs 4 and 12 above. E’s sister, G, applied to be appointed jointly and severally with F as his personal welfare deputies, and to replace the Official Solicitor as his litigation friend. Mr Justice Baker dismissed both applications, accepting the submissions of the Official Solicitor, and held that the vast majority of welfare decisions about incapacitated adults can be taken by carers and others without the need for anyone to be appointed as a welfare deputy. At paragraph 57 he said that, “The Act and the Code are therefore constructed on the basis that the vast majority of decisions concerning incapacitated adults are taken informally and collaboratively by individuals or groups of people working together. It is emphatically not part of the scheme underpinning the Act that there should be one individual who as a matter of course is given special legal status to make decisions about incapacitated persons.” As regards the appointment of a litigation friend, the judge held that the court has complete discretion under rule 143 of the Court of Protection Rules 2007 as to whom it appoints as litigation friend.
From Mental Health Law Online
Unsuccessful applications for (1) deputies to be appointed and (2) sister to become Litigation Friend in place of Official Solicitor. [Official summary available.]
- G v E (2010) EWHC 3385 (Fam) - costs
- G v E (2010) EWHC 2512 (COP)
The following is an extract from Judiciary of England and Wales, 'Court of Protection Report 2010' (July 2011).