Sophia Roper KC and Benjamin Harrison successfully act for the Official Solicitor in Argyle & Bute Council v RF [2025] EWCOP 12 (T3)
23rd April 2025
Following their success last year in Aberdeenshire Council v SF, EF and Sunderland City Council [2024] EWCOP 10, Sophia Roper KC and Benjamin Harrison successfully acted for the Official Solicitor in Argyle & Bute Council v RF [2025] EWCOP 12 (T3) and persuaded the Vice-president of the Court of Protection, Theis J, to refuse to recognise a Scottish Guardianship Order which provided a local authority the power to deprive RF of his liberty for a period of three years.
The court found that the Scottish Guardianship Order was made in a manner which (i) did not give P an opportunity to be heard in circumstances which (ii) breached the principles of natural justice, and (iii) breached P’s fundamental human rights under the ECHR, in particular Articles 5 and 6.
This case is only the second reported example of the Court of Protection exercising its discretion to refuse to recognise a foreign protective measure which was made in another jurisdiction within the UK. Sophia and Ben were instructed by Melissa Law of Edwards Duthie Shamash.
To see the judgment, please see here.
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