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Family Law

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11 DEC 2009

VULNERABLE ADULT: Re BJ (Incapacitated Adult) [2009] EWHC 3310 (Fam)

(Family Division; Munby LJ; 11 December 2009)

A delay in reviewing the arrangements for a vulnerable adult in local authority care, caused by the need to postpone the court hearing, had not caused the vulnerable adult any prejudice. The local authority had continued with its internal reviews, and either the authority or the Official Solicitor could have applied to the court for an urgent hearing if either had had any concerns. Although the provisions of Mental Capacity Act 2005, Schedule A1 did not apply, it nevertheless provided important guidance as to the nature, intensity and frequency of review by the court. All parties had been agreed that an oral hearing had not been necessary in this case; where the facts of the case indicated that it was appropriate, a court review could be on the papers, with the safeguard that the parties were entitled to request, and the judge to require, an oral hearing where appropriate.

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