A London Borough A Foundation Trust v VT & Ors [2011] EWCOP 3806 (26 May 2011)

A London Borough A Foundation Trust v VT & Ors [2011] EWCOP 3806 (26 May 2011)

It is in ST's best interests to return permanently to Nigeria to live in his property, provided a professional deputy (Mr G) manages his property and affairs and a robust care package is put in place; ST's current placement amounts to deprivation of liberty, which is authorised for a further 3 months pending his move.

Citation
[2011] EWCOP 3806
Parties
First Applicant: A London Borough; Second Applicant: A Foundation Trust; First Respondent: VT; Second Respondent: ST By his Litigation Friend the Official Solicitor; Third Respondent: AT
Jurisdiction
England and Wales
Judgment Date
26 May 2011
Procedural Posture
Court of Protection Application Under Mental Capacity Act 2005 / Final Hearing
Outcome
Application granted in part; ST to return to Nigeria with professional deputy and care package; deprivation of liberty authorised for 3 months.
Legal Topics
Best Interests Decision, Deprivation of Liberty, Deputy Appointment, Residence Determination
Mental Capacity Health and Social Care Human Rights Best Interests Decision Deprivation of Liberty Deputy Appointment Residence Determination

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Parties

A London Borough

First Applicant

A Foundation Trust

Second Applicant

VT

First Respondent

ST By his Litigation Friend the Official Solicitor

Second Respondent

AT

Third Respondent

Procedural Posture

Court of Protection Application Under Mental Capacity Act 2005 / Final Hearing

Legal Issues

  1. 1 Where ST should reside
  2. 2 Who should be deputy for ST's property and affairs
  3. 3 Whether ST is being deprived of his liberty

Ratio Decidendi

It is in ST's best interests to return permanently to Nigeria to live in his property, provided a professional deputy (Mr G) manages his property and affairs and a robust care package is put in place; ST's current placement amounts to deprivation of liberty, which is authorised for a further 3 months pending his move.

Court Disposition

Application granted in part; ST to return to Nigeria with professional deputy and care package; deprivation of liberty authorised for 3 months.

Orders

  • Mr G to continue as property and affairs deputy with specific authority regarding Nigerian arrangements.
  • ST to return permanently to Nigeria provided care package and deputyship arrangements are complied with.