COP rules that government must identify "practically available" procedure for appointing rule 3a representatives in DoLS welfare order cases where no friend or family member is willing to act

The Court of Protection in Re JM and others [2016] EWCOP 15 and Re VE [2016] EWCOP 16 has held that that various options put forward for dealing with the appointment of Rule 3A representatives in deprivation of liberty welfare order cases under the Mental Capacity Act 2005, where there was not a family member or friend willing to act, were not fit for purpose under Articles 5 and 14 of the European Convention on Human Rights or under the common law principle of fairness.