Aberdeenshire Council v SF (No 2) [2024] EWCOP 10
Non-recognition of Scottish Guardianship Order The Court of Protection exercised its discretion to refuse to recognise a Scottish Guardianship Order (which authorised SF's mother to consent to deprivation of liberty) because: (1) "(a) the case in which the measure was taken was not urgent, (b) the adult was not given an opportunity to be heard, and (c) that omission amounted to a breach of natural justice" (para 19(3) of sch 3 MCA 2005); (2) "the measure would be inconsistent with a mandatory provision of the law of England and Wales" (para 19(4)(b)), as the breaches of Article 5(1)(e) and Article 5(4) would be unlawful under s6 HRA 1998; and (3) "recognition of the measure would be manifestly contrary to public policy" (para 19(4)(a)), because of the breach of natural justice and the breaches of fundamental human rights under Article 5, 6 and 8.
Essex
This case has been summarised on page 33 of 39 Essex Chambers, 'Mental Capacity Report' (issue 137B, March 2024).Essex search
This case's neutral citation number appears in the following newsletters:Full judgment: BAILII
Subject(s):
- Other capacity cases🔍
Date: 20/2/24🔍
Court: Court of Protection🔍
Judicial history:
Judge(s):
- Poole🔍
Parties:
Citation number(s):
What links here:- Aberdeenshire Council v SF [2023] EWCOP 28
- 39 Essex Chambers, 'Mental Capacity Report' (issue 137B, March 2024)
- Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3)
- Aberdeenshire Council v SF (No 3) [2024] MHLO 3 (COP)
Published: 23/11/24 18:16
Cached: 2024-12-12 10:36:11
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