C v Blackburn with Darwen Borough Council & Ord

18 Jan 2012

The Facts

A client had an acquired brain injury and was sectioned under the Mental Health Act 1983. On discharge, his local authority became his guardian for the purpose of deciding where he should live. However, it also subjected him to a deprivation of liberty at the home where it placed him (which the Court of Protection later discharged). The authority argued that the question of where he should live was not a matter for the Court of Protection, but was solely for the guardian to decide. The expert advice was that the man lacked capacity to make these kind of decisions for himself.


The Court agreed that it had no jurisdiction under the MCA to overrule a guardian’s decisions on residence. This may mean that authorities may make more use of guardianship to avoid the Court of Protection. However the judge did comment that, if there is conflict between a guardian and the person with mental disorder, about matters such as his residence, that could indicate that guardianship may not be the best way of  handling matters.


This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.


Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Gatehouse Chambers. However, if you have any other queries about this content please contact: