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