The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983, then released but requiring aftercare, is entitled to ask the local authority to provide the services before exhausting the award for care recovered in a personal injury claim.
The argument put forward by the Local Authority in this case was that the claim amounted to double recovery as per previous cases i.e. they had been awarded funds to pay for care but wanted to claim this from the state too.
The Court of Appeal rejected the argument, upholding the original decision. It was decided by the Court that there was nothing wrong with someone who has been awarded a damages payment for care in asking the Local Authority to provide the care. Unless there was something specific to prevent the deputy from doing this, there was no reason why in this case, this person shouldn’t benefit from s.117 funding, aftercare funding provided by the Local Authority.
The Judge also made a point about Peters undertakings, such undertakings are effectively the deputy confirming that they will not apply for state funding for care unless they put the defendant on notice and make an application to the Court of Protection. The view of the Court however is that this appears unworkable as it is unlikely that the Court of Protection would ever decide that it wouldn’t be in P’s best interests to apply for state funding.
Here at Linder Myers we have a specialist Court of Protection team who can assist you in matters concerning the management of someone’s affairs and dealings with the Court of Protection.Find out more about our Court of Protection department