‘In Parr v Cheshire East Council & Anor [2026] EWCOP 1 (T3), and whilst expressly applying, rather than seeking to distinguish Lawson and Mottram, Poole J took a rather different approach to the question of principle underpinning the issue of when a personal welfare deputy should be appointed to that taken by Hayden J in that earlier case. In Lawson and Mottram, Hayden J expressed the view that “[t]he structure of the Act and, in particular, the factors which fall to be considered pursuant to Section 4 may well mean that the most likely conclusion in the majority of cases will be that it is not in the best interests of P for the Court to appoint a [personal welfare deputy].” In his analysis of the position, Hayden J took what might be considered to be a distinctly purist approach, placing considerable weight upon the fact that Parliament had enacted a framework in s.5 MCA 2005 which is expressly intended not to confer decision-making authority on any one individual.’
Full Story
Mental Capacity Law and Policy, 10th January 2026
Source: www.mentalcapacitylawandpolicy.org.uk