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Sophia Roper KC and Benjamin Harrison successfully act for the Official Solicitor in Aberdeenshire Council v SF, EF and Sunderland City Council [2024] EWCOP 10

29th February 2024

Sophia Roper KC and Benjamin Harrison acted for the Official Solicitor in Aberdeenshire Council v SF, EF and Sunderland City Council [2024] EWCOP 10 where they successfully persuaded Poole J to refuse to recognise a Scottish Guardianship Order. The Guardianship Order purported to grant P’s mother the power to authorise the deprivation of P’s liberty for a seven year period without any means of effective review.

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 of the principles of natural justice, and (iii) breached P’s fundamental human rights under Articles 5, 6 and 8 ECHR.

This case is the only 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 Caroline Hurst of Simpson Millar LLP.

Read more about Sophia’s practice here.

Read more about Ben’s practice here.

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