Does the Court of Protection have jurisdiction over children? Answer yes – up to a point (even when they have moved abroad) – Mental Capacity Law and Policy
‘In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple with a question that had not been the subject of a previous reported decision: what can the Court of Protection do in respect of a child, whose property and affairs (including assets in England & Wales) are subject to deputyship, but who is no longer habitually resident in England & Wales? The Official Solicitor argued that the court no longer had jurisdiction to determine the deputy’s request for authorities in respect of expenditure from her funds. The deputy sought to argue that it did, either by virtue of the operation of s.47 MCA 2005 (importing the powers, rights and privileges of the High Court), or on a pragmatic basis.’
Mental Capacity Law and Policy, 1st March 2025
