Southerns Court of Protection team negotiate a swift and successful return home for their client during section 21a Court of Protection proceedings;  a welcome result following a period of 11 months of the client having been deprived of her liberty subject to a standard authorisation under the “DoLS’ in a care home, costing the client over £50,000 in care home fees as a private paying resident.

The client, supported by her paid Relevant Persons Representative, instructed Rachel Eastham, Head of the Mental Health and Mental Capacity department at Southerns to represent P in bringing an urgent section 21a challenge to the Court of Protection.  The client was clearly and consistently objecting to her deprivation of liberty, a position maintained since her admission to the care home in April 2019.  P wished to return to her own home, which was immediately available to her.  As a “self funder” P did not have the benefit of an allocated social worker, furthermore the standard authorisation had been granted for a maximum period of 12 months, despite P having been considered to have re-gained capacity on previous occasions.   Without the support and safeguard of her Relevant Persons Representative, acting quickly to secure specialist legal advice and representation it is very likely that P would not have had an opportunity to challenge her detention, affording her effective access to the Court of Protection so as to secure her rights under Article 5(4) of the ECHR.

Cases such as these are examples of why we are dedicated to protecting the rights of the most vulnerable and why we continued to feel privileged on daily basis to be able to do so.

Non-means tested legal aid remains available to P in bringing a section 21a challenge.

Please contact us on 01282 422711 if you need any advice or representation in Mental Capacity matters.