Power of the COP to make orders to implement best interests decisions (University College London Hospitals NHS Foundation Trust and Another v AB (By his Litigation Friend) and others)
Private Client analysis: Mr Justice Williams found that AB lacked capacity and it was in his best interests to be conveyed to hospital for an in-patient stay to allow assessment and treatment. He held that, to implement his best interest decisions, he was able to impose duties on AB’s mother in her role as AB’s Deputy for Personal Welfare. He further held that he was able to rely on the High Court’s inherent jurisdiction to make orders authorising the applicants and third parties to implement his decision, including by allowing them to enter the property without permission to access AB and remove him to hospital. This case considers what tools the Court of Protection has at its disposal to ensure compliance with best interests decisions made on behalf of P and on what basis these tools are available to the Court of Protection. Written by Dr Anton van Dellen and Natasha Niccolls, barristers at Fraser Chambers.