Appeal panel decide judge should no longer oversee Rotherham care case

By The Press Association21st October 2015News EnglandDeprivation of Liberty, News England, Rotherham, Vulnerable Adults

A High Court judge should no longer oversee a case in which considerable amounts of taxpayers’ money have been unnecessarily spent, the head of civil justice in England and Wales has concluded.

Mr Justice Mostyn had twice made decisions which had been successfully challenged in the Court of Appeal and the case had an “unfortunate history”, Lord Dyson (pictured) said.

He said there has been unnecessary use of court time and a different judge should conduct a review.

The case relates to care arrangements for a “severely mentally incapacitated” 52-year-old woman.

She has not been identified.

Rochdale Metropolitan Borough Council, which has responsibility for the woman’s care, had asked for directions under mental capacity legislation.

Mr Justice Mostyn, who sits in the Family Division of the High Court and is based in London, has analysed evidence and legal argument at hearings in the Court of Protection, a specialist court where decisions relating to sick and vulnerable people are made.

Lord Dyson, the Master of the Rolls and the second most senior judge in England and Wales, has ordered a review following the latest analysis by the Court of Appeal.

He had headed a panel of three appeal judges which examined the case at a hearing in London earlier this month.

“This litigation has an unfortunate history,” Lord Dyson said in a written Court of Appeal ruling.

“The judge has twice made decisions which have been the subject of an appeal to this court. On both occasions, the parties have agreed that the appeal must be allowed.

“This has led to considerable unnecessary costs to the public purse and unnecessary use of court time.”

He added: “In the light of the unfortunate history, we are of the opinion that (a) review should be conducted by a different judge.”