Members may be aware of the October 2024 judgement in the Court of Protection;
Lumb v Humber and North Yorkshire ICB & Anor [2024] WECOP 57 (T2) (11 October 2024)
This case related to the discharge of a property and affairs deputy and in particular, what role a property and financial affairs deputy could or should have within a Deputyship Order in the management of a Personal Health Budget under the National Health Service (Direct Payments) Regulations 2013.
The judgement appears to impact the management of personal budgets (PBs) by property and financial affairs deputies and to propose that case managers could carry out the role instead.
As there are potential implications for both deputies and case managers within the judgement around aspects such as managing PBs, payment for managing PBs, status of the person who manages the PB and employment law implications where there is direct employment.
BABICM joined the The Professional Deputies Forum and The Association of Lifetime Lawyers lawyers in commissioning Counsel’s advice following the recent Court of Protection case where HHJ Hilder dealt with the question as to whether deputies should administer Personal Health Budgets using P’s funds to do so (Lumb vs NHS Humber and North Yorkshire ICB & Anor). Case managers were suggested as an alternative.
The guidance note (link below) sets out the implications in practice for deputies and case managers and we strongly recommend to members that they take time to read the document and consider any implications for their own practice.
Guidance Note for Members regarding Direct Payments and Personal Health Budgets