In Manchester City Council v G and Ors, Manchester City Council lost its appeal against the awarding of costs against it following the decision in the case of “G”.

In that case, the Court of Protection found that the city council had acted unlawfully in depriving G of his liberty by removing him from his carer and placing him in a residential unit. The ensuing safeguarding investigation was inconclusive but it was argued it was in G’s best interests to remain at the unit.

His sister obtained a declaration that he was being unlawfully deprived of his liberty and the court eventually decided that G should return to live with his carer. The carer and G’s sister sought to recover their costs and the court ordered that the city council should pay those costs incurred up to the first day of the hearing (as there should have been an application to the Court of Protection in any event, but it should have been made by the city council rather than the carer and G’s sister).

The city council appealed on the basis that it is not usual for costs orders to be made in the Court of Protection. The appeal was dismissed on the basis that the city council had acted in such a way that their conduct could be seen as misconduct and gives rise to a costs order.