The Courts Powers [under s.21a MCA]

What happens if you succeed in a challenge to someone’s deprivation of liberty?
What power does the court have in this situation?

In this video, I will explain the practical results if you successfully challenge someone’s deprivation of liberty under a standard authorisation in the Court of Protection.
My name is Olivia Allen and I work in the Court of Protection department at GN Law.

In the previous videos in this series I talked about how you can challenge someone deprivation of liberty by making a s.21a application to the Court of Protection. Now, if you make a successful challenge, what powers does the court have?

In general, the court can do 3 things:
1. Firstly, it can vary the SA.
This means that the court is able to determine questions regarding
a. The period of the authorisation (i.e. how long it will last);
b. The purpose or reason why it was given; or
c. The conditions attached to it.
For example, it may shorten or lengthen a SA, or it may add a condition such as that the person must be allowed to access the community at least once a week.

2. Secondly the court has power terminate the SA.
This may be because the SA is found to be unlawful (for example, because it is not in the detained person’s best interests), and therefore they should be allowed to leave/ their current place of residence.

3. Thirdly, and finally, the court also has the power to make a declaration regarding the person's capacity.

This means that it may find that in fact the person does or does not have capacity to make a specific decision, for example, a decision regarding where they wish to live, or the care they are receiving.
So, in summary, you should now know that the court has power to vary or terminate a standard authorisation already in place, or it may make a declaration regarding the detained person’s capacity.

Finally, please note that the Deprivation of Liberty Safeguards scheme will be changing in October 2020, and we have other videos on the new scheme, which you may find helpful.

If you need help and advice on this or any other Court of Protection matter call me today on 0208 492 2290, and if you found this video helpful, please share it.