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Dealing with mental health problems/capacity issues in ASB cases

In the second webinar of Cornerstone Barristers' Housing Week series, Kuljit Bhogal chairs a discussion on the different roles of each court and how they can be co-ordinated to secure expeditious outcomes in circumstances where the County Court sometimes defers to the CoP, whilst the CoP may want to defer to the County Court.

Tenants with mental health issues (P) may be involved in two different sorts of proceedings: anti-social behaviour proceedings in the County Court and, if they are found to lack capacity to manage their own affairs, best interests proceedings in the Court of Protection (CoP).

Three key issues are explained:

  1. Should the CoP be involved and what is its role? The CoP can only be involved if P lacks capacity to make a relevant decision, such as whether to surrender a tenancy. The CoP’s focus is on P’s best interests, and hence the focus is narrower than in County Court proceedings where P’s interests are balanced against those of neighbours and the broader community. However, in some cases it may be in P’s best interests to surrender his/her tenancy and this is a decision that the CoP can make.
  2. Initiating and prosecuting CoP proceedings. How can the CoP be persuaded to decide that P should surrender his/her tenancy?
  3. Dealing with capacity assessments and litigation friends in the County Court. How do issues impact the range of available remedies, and how should landlords approach their equality, discrimination and other public law duties?

About the speakers

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Landmarks health and social care 3

Kuljit Bhogal

Kuljit has a broad practice with particular specialisms in Local Government, Public Law and Judicial Review, Housing and the Court of Protection.

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michaelpaget

Michael Paget

Michael specialises in Property (commercial and residential), Housing and Public Law, Planning and related areas including Court of Protection matters. During 2018 he has appeared in the Supreme Court twice.

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 jonholbrook

Jon Holbrook

Jon's practice covers public law (including community care & court of protection), housing and property (including service charges & general management).

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 peggyetiebet 101

Peggy Etiebet

Peggy's strong practice in Social Housing is complemented by her expertise in the Administrative Court, principally for Community Care, and the Court of Protection.

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tarao leary

Tara O'Leary

Tara accepts instructions in all of chambers' core areas, in particular public and administrative law, housing and homelessness, licensing and the Court of Protection.

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