Legal Update
Simon Wilkinson appears in two cases regarding vulnerable adults in the High Court and Court of Protection involving the use of the inherent jurisdiction and the appointment of a Health and Welfare Deputy
27 June 2024

Simon Wilkinson appears in two cases regarding vulnerable adults in the High Court and Court of Protection involving the use of the inherent jurisdiction and the appointment of a Health and Welfare Deputy

Author: Simon Wilkinson

In Wakefield Metropolitan District Council v FH & Anor [2024] EWHC 830 (Fam) Simon represented the Health Trust in proceedings before Cobb J (as he was) in proceedings involving the inherent jurisdiction being invoked for protective orders for a vulnerable adult. The judgment summarises the key legal principles to be applied and gives a further example of when such orders will be made.

The judgment can be found here: https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/830?query=FH

In AB v CD (By The Official Solicitor) & Anor [2024] EWCOP 32 Simon represented the local authority in linked proceedings in the Court of Protection. There were two applications for (1) an annual renewal of CD’s deprivation of liberty; and (2) a health and welfare application by CD’s mother. As part of his analysis of the orders which were in CD’s best interests HHJ Baddeley considered whether to appoint a deputy for CD’s health and welfare (the case advanced by the local authority). He considered the wealth of evidence including the clear recommendation of Christopher Wall (independent social worker) and concluded that this was “one of those rare cases in which it is in [P]’s best interests for a deputy to be appointed”.

The judgment can be found here: https://caselaw.nationalarchives.gov.uk/ewcop/2024/32

Simon is an experienced Family law and Court of Protection barrister, recommended in both the Legal 500 and in Chambers & Partners over many years. He has a particular interest in cases involving a crossover between the jurisdictions.