MK v JK & Ors

It is in JK's best interests to move to the CNC Home due to its superior environment, person-centred care, and the lack of confidence in the Home by key family members, with the risks of transition assessed as small and manageable. Appointment of a Personal Welfare Deputy is not appropriate as the court has resolved the single contentious issue and the statutory scheme favours minimal intervention.

Parties: Claimant: MK; First Defendant: JK (by his Litigation Friend the Official Solicitor); Second Defendant: JiK; Third Defendant: The PCT; Fourth Defendant: KK
Jurisdiction: England and Wales
Judgment Date: 10 July 2012
Procedural Posture: Welfare Application (residence and Deputyship) / Final Judgment
Outcome: Application to move JK to the CNC Home allowed; no Deputy appointed.
Legal Topics: Best Interests Determination, Deputyship, Residence of Incapacitated Adult, Safeguarding in Care Homes

Mental Capacity Law Health Law Family Law Best Interests Determination Deputyship Residence of Incapacitated Adult Safeguarding in Care Homes

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Parties

Claimant

JK (by his Litigation Friend the Official Solicitor)

First Defendant

JiK

Second Defendant

The PCT

Third Defendant

Fourth Defendant

Procedural Posture

Welfare Application (residence and Deputyship) / Final Judgment

Legal Issues

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

Ratio Decidendi

Court Disposition

Application to move JK to the CNC Home allowed; no Deputy appointed.

Orders

JK to move to the CNC Home; his placement at the Home to be retained for eight weeks as a fallback.
No order for appointment of a Personal Welfare Deputy.