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Mental Health Law Reports
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2010
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Surrey County Council v (1) MB (by his litigation friend the Official Solicitor), (2) SB, (3) Buckinghamshire PCT, (4) Oxfordshire Learning Disability Trust
Surrey County Council v (1) MB (by his litigation friend the Official Solicitor), (2) SB, (3) Buckinghamshire PCT, (4) Oxfordshire Learning Disability Trust
Author / Contributor:
Kris Gledhill
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Surrey County Council v (1) MB (by his litigation friend the Official Solicitor), (2) SB, (3) Buckinghamshire PCT, (4) Oxfordshire Learning Disability Trust
Issue:
Whether a case commenced under the inherent jurisdiction of the High Court should be transferred to the Court of Protection; whether declarations under the former regime could be made under the Mental Capacity Act 2005; whether declarations could be made under the 2005 Act to deprive a person of his or her liberty; the relevant factors as to the exercise of discretion in relation to declarations, including the impact of the availability of powers under the Mental Health Act 1983.
Court:
High Court, Family Division
Reference:
FD06PO1608
Neutral Citation:
[2007] EWHC 3085 (Fam)
Judge(s):
Charles J
Date:
9 October 2007