MK v JK & Ors [2013] EWCOP 4334 (10 July 2012)

MK v JK & Ors [2013] EWCOP 4334 (10 July 2012)

It is in JK's best interests to move to the CNC Home, as the CNC Home provides a superior environment and care model, and the risks associated with the move are outweighed by the benefits. The appointment of a Personal Welfare Deputy is not appropriate as the court has resolved the single contentious issue and ongoing decisions can be made collaboratively.

Citation
[2013] EWCOP 4334
Parties
Claimant: MK; First Respondent: JK (by his Litigation Friend the Official Solicitor); Second Respondent: JiK; Third Respondent: The PCT; Fourth Respondent: KK
Jurisdiction
England and Wales
Judgment Date
10 July 2012
Procedural Posture
Court of Protection Welfare Application / Final Judgment After Contested Hearing
Outcome
Application for best interests decision on residence granted; application for Deputyship not pursued and not granted.
Legal Topics
Best Interests Decision, Residence of Incapacitated Adult, Deputyship Under Mental Capacity Act 2005, Safeguarding in Care Homes
Mental Capacity Law Health and Welfare Best Interests Decision Residence of Incapacitated Adult Deputyship Under Mental Capacity Act 2005 Safeguarding in Care Homes

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Parties

MK

Claimant

JK (by his Litigation Friend the Official Solicitor)

First Respondent

JiK

Second Respondent

The PCT

Third Respondent

KK

Fourth Respondent

Procedural Posture

Court of Protection Welfare Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether it is in JK's best interests to move from the current nursing home to the CNC Home
  2. 2 Whether a Personal Welfare Deputy should be appointed for JK

Ratio Decidendi

It is in JK's best interests to move to the CNC Home, as the CNC Home provides a superior environment and care model, and the risks associated with the move are outweighed by the benefits. The appointment of a Personal Welfare Deputy is not appropriate as the court has resolved the single contentious issue and ongoing decisions can be made collaboratively.

Court Disposition

Application for best interests decision on residence granted; application for Deputyship not pursued and not granted.

Orders

  • JK to move to the CNC Home; placement at the Home to be retained for eight weeks as a fallback in case the move fails.
  • Transition plan to be assembled by The PCT in collaboration with professionals and family.