CCGs: the Court of Protection won’t tell you what to do

A recent ruling will see CCGs breathe a sigh of relief. In the case of Re MN (Adult) the family of a patient who lacked capacity wanted the CCG to make enhancements to the care package that it was commissioning. The family contended that their proposed enhanced package would be in the patient’s best interests. The CCG objected and argued that the package the family was seeking would not be commissioned, so the family took their case to the Court of Protection.

The President of the Court, Sir James Munby, ruled that families cannot challenge CCG’s decisions on the basis that a hypothetical better package would be in the patient’s best interests. The Court of Protection could only choose from the available options. Decisions about what options were available could be challenged by way of judicial review.

CCGs will be relieved. This means that administrative law (i.e. judicial review) challenges remain the only way your decisions can be challenged and the Court of Protection cannot be used by claimants as a “back door” for challenging resource-limited commissioners.

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