How to challenge a Standard Authorisation

Do you know someone who is currently in a care home or hospital and objects to being there? Do they lack the capacity to make a decision about where they should be living?
In this video, I will set out how you can challenge someone’s deprivation of liberty under a standard authorisation in the Court of Protection.
My name is Olivia Allen and I work in the Court of Protection department at GN Law.
A standard authorisation is a lawful way to deprive somebody of their liberty in order to care for them in a hospital or care home when they do not have capacity to decide themselves where to live. I have explained this in the first video in the series.
However, where a standard authorisation is in place, one key safeguard is the right to challenge it in the Court of Protection.
Now, when would you want to challenge the authorisation?
Firstly, a family member of the person may not be happy with where they are staying. For example, someone has put into a care home, but the family in fact believe that it is in their best interests to be cared for at home.
Secondly, the person who lacks capacity themselves may show a consistent wish to leave the place that they’re staying. Though remember, their objection may not always be verbal, but could in fact be in their actions, for example by trying to escape.
So how can this challenge be brought?
In order to challenge the standard authorisation an application must be made under s.21A of the Mental Capacity Act 2005.
Finally, who can bring the challenge?
In general, there are 3 people who can:
1. Firstly, an application can be made by the person who lacks capacity themselves;
2. Secondly, and more commonly, this can be done on their behalf by their relevant person’s representative (their RPR) (this is often a friend or family member, but can also a specialist advocate; or
3. Thirdly, the relevant local authority can also issue proceedings, asking the court to review a standard authorisation.
Now if it is clear that a challenge does need to be brought (for example because the person is consistently objecting), and if there are no friends or family members able or willing to make an application, and the RPR equally not doing anything, then the responsibility will fall on the local authority.
You should now have an understanding of how you can challenge someone’s standard authorisation in the Court of Protection.
However, please note that the Deprivation of Liberty Safeguards scheme will be changing in October 2020, and we have other videos on the new scheme, which you may find helpful.
If you need help and advice on this or any other Court of Protection matter call me today on 0208 492 2290, and if you found this video helpful, please share it.