A, Re (Covert Medication: Residence) [2024] EWCA Civ 572 (23 May 2024)

A, Re (Covert Medication: Residence) [2024] EWCA Civ 572 (23 May 2024)

It is in A's best interests to return home to B, cease covert medication, and be informed about her medical history, despite health risks, because continued deprivation of liberty and covert medication are disproportionate infringements of autonomy and Article 8 rights, and attempts to persuade A to take HRT voluntarily have failed. The risks of harm from B's influence are outweighed by the restoration of family life, liberty, and respect for A's wishes, with protective measures to mitigate risks.

Citation
[2024] EWCA Civ 572
Parties
1st Appellant: A Local Authority; 2nd Appellant: A (By her Litigation Friend, The Official Solicitor); 1st Respondent: B; 2nd Respondent: The Hospital Trust
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Appeal From Court of Protection / Final Judgment on Appeal
Outcome
Appeal dismissed; judge's decision upheld.
Legal Topics
Best Interests Decision, Covert Medication, Residence, Medical Treatment, Deprivation of Liberty, Article 8 ECHR
Mental Capacity Health Law Human Rights Best Interests Decision Covert Medication Residence Medical Treatment Deprivation of Liberty +1 more

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Parties

A Local Authority

1st Appellant

A (By her Litigation Friend, The Official Solicitor)

2nd Appellant

B

1st Respondent

The Hospital Trust

2nd Respondent

Procedural Posture

Appeal From Court of Protection / Final Judgment on Appeal

Legal Issues

  1. 1 Is it in A's best interests to cease covert medication?
  2. 2 Should A be informed about covert medication?
  3. 3 Should A return home to live with B?

Ratio Decidendi

It is in A's best interests to return home to B, cease covert medication, and be informed about her medical history, despite health risks, because continued deprivation of liberty and covert medication are disproportionate infringements of autonomy and Article 8 rights, and attempts to persuade A to take HRT voluntarily have failed. The risks of harm from B's influence are outweighed by the restoration of family life, liberty, and respect for A's wishes, with protective measures to mitigate risks.

Court Disposition

Appeal dismissed; judge's decision upheld.

Orders

  • A to return home to B's care.
  • Covert medication to cease.