| Display title | Aberdeenshire Council v SF (No 2) [2024] EWCOP 10 |
| Default sort key | Aberdeenshire Council v SF (No 2) (2024) EWCOP 10 |
| Page length (in bytes) | 1,211 |
| Page ID | 16013 |
| Page content language | en - English |
| Page content model | wikitext |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 18:16, 23 November 2024 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 18:17, 23 November 2024 |
| Total number of edits | 2 |
| Total number of distinct authors | 1 |
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Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | 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. |