At Stonegate Legal we are regularly involved with some of the most complex matters which come before the Court of Protection.
Many of the matters which are referred to us require the court's jurisdiction to be engaged to resolve any disputes or matters of particular importance . As a result we have been involved in key decisions handed down by the Court of Protection below.
Beyond the court we regularly engage the jurisdiction of the Legal Ombudsman, the Financial Services Ombudsman and the Local Government and Social Care Ombudsman to deal with complaints arising on behalf of our vulnerable clients.
The case focuses on whether a property and affairs deputy is an "authorised person" within the meaning of s.32(4)(a) The Care Act.
In summary a property and affairs deputy is not an "authorised person" which is a position that the parties agreed on.
This is important for property and affairs deputies who are considering taking on the role of direct payment agent on behalf of an incapacitated person.
Click below to read the Order.
Calderdale MBC v AB
A decision by the Local Government and Social Care Ombudsman in relation to the provision of care records.
A rare occurrence of the Ombudsman issuing an Adverse Finding Notice which resulted in us being invited to discuss the case on BBC Radio 4.
Click below to listen to the interview.
BBC Radio 4 - You and Yours, Care home records
At its most simple, the application to be determined is for discharge of the appointment of Daniel Lumb ("the Deputy") as property and affairs deputy for SBB.
The real issue in dispute, however, relates to what involvement a property and affairs deputy can/should have in the management of a Personal Health Budget under the National Health Service (Direct Payments) Regulations 2013.
Click below to read the full case.
In the matter of SBB
A decision by the Financial Ombudsman Service relating to services provided by investment managers.
The complaint was made on behalf of a vulnerable protected party whose funds had been depleted by their previous deputy. The result was a significant award of compensation partially restoring the client's estate.
Click below to read the decision.
Complaint to Financial Ombudsman Service