A (Covert Medication: Residence), Re

A (Covert Medication: Residence), Re

It is in A’s best interests to return home to her mother’s care, for covert medication to cease, and for A to be informed that she has been covertly administered HRT and that it has benefited her health. The continued deprivation of A’s liberty, covert medication, and separation from her mother are not justified by the remaining medical benefits of HRT, given the risks, infringements of autonomy, and the likelihood that covert medication cannot be sustained. The best interests assessment requires a less restrictive approach, prioritising A’s wishes, family life, and autonomy, with protective measures in the community.

Parties
Applicant: A Local Authority; First Respondent: A; Second Respondent: B; Third Respondent: The Hospital Trust
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Court of Protection / Judgment on Best Interests Application Regarding Residence and Covert Medication
Outcome
Application by B (mother) for A to return home allowed; covert medication to cease; A to be informed of covert medication and its benefits; transition plan to be prepared.
Legal Topics
Best Interests, Covert Medication, Deprivation of Liberty, Residence, Medical Treatment, Autonomy, Article 8 ECHR, Article 2 ECHR, Article 3 ECHR
Mental Capacity Law Health Law Human Rights Best Interests Covert Medication Deprivation of Liberty Residence Medical Treatment +4 more

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Parties

A Local Authority

Applicant

A

First Respondent

B

Second Respondent

The Hospital Trust

Third Respondent

Procedural Posture

Court of Protection / Judgment on Best Interests Application Regarding Residence and Covert Medication

Legal Issues

  1. 1 Whether it is in A’s best interests to return home to her mother’s care
  2. 2 Whether covert hormone replacement therapy (HRT) should continue
  3. 3 Whether A should be informed of covert medication

Ratio Decidendi

It is in A’s best interests to return home to her mother’s care, for covert medication to cease, and for A to be informed that she has been covertly administered HRT and that it has benefited her health. The continued deprivation of A’s liberty, covert medication, and separation from her mother are not justified by the remaining medical benefits of HRT, given the risks, infringements of autonomy, and the likelihood that covert medication cannot be sustained. The best interests assessment requires a less restrictive approach, prioritising A’s wishes, family life, and autonomy, with protective measures in the community.

Court Disposition

Application by B (mother) for A to return home allowed; covert medication to cease; A to be informed of covert medication and its benefits; transition plan to be prepared.

Orders

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