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Court of Protection, HRA claims and the Statutory Charge

Practitioners' attention is drawn to an important post on the Court of Protection Handbook website, explaining the Legal Aid Agency's stated position on the statutory charge when the facts underlying a case in the Court of Protection reveal grounds for a claim under the HRA.  

DSC's Angela Patrick has also commented in a recent post on this issue from the perspective of HRA claims in the context of family proceedings.

These developments provide valuable clarity.

After years of uncertainty and inconsistency over the application of the statutory charge in respect of Human Rights damages claims, the Legal Aid Agency has finally put its position in writing within the adult welfare context,