A, Re (Covert Medication: Residence) [2024] EWCOP 19 (20 March 2024)

A, Re (Covert Medication: Residence) [2024] EWCOP 19 (20 March 2024)

It is not in A's best interests to return to live with her mother at this time. The evidence demonstrates that B cannot reliably ensure A's voluntary compliance with HRT, and the proposed arrangements for covert medication in the community are unrealistic and unsustainable. Continued covert medication at placement A is feasible and necessary to protect A's health and welfare, given the significant risks of cessation. The absence of a transition plan to open medication does not preclude a best interests decision on residence, as the risks of change outweigh the potential benefits at this stage. The court will not order a move to supported independent living until a suitable placement is...

Citation
[2024] EWCOP 19
Parties
Applicant: A Local Authority; First Respondent: A (by her Litigation Friend, the Official Solicitor); Second Respondent: B; Third Respondent: The Hospital Trust
Jurisdiction
England and Wales
Judgment Date
20 March 2024
Procedural Posture
Court of Protection / Judgment on Application for Change of Residence and Continuation of Covert Medication
Outcome
Application for A to return home refused. Continuation of current placement and covert medication authorised. Directions for further review and exploration of supported independent living.
Legal Topics
Best Interests Decision Making, Covert Medication, Residence of Incapacitated Adult, Deprivation of Liberty, Medical Treatment Without Consent
Mental Capacity Law Health and Social Care Law Human Rights Best Interests Decision Making Covert Medication Residence of Incapacitated Adult Deprivation of Liberty Medical Treatment Without Consent

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Parties

A Local Authority

Applicant

A (by her Litigation Friend, the Official Solicitor)

First Respondent

B

Second Respondent

The Hospital Trust

Third Respondent

Procedural Posture

Court of Protection / Judgment on Application for Change of Residence and Continuation of Covert Medication

Legal Issues

  1. 1 Whether it is in A's best interests to return to live with her mother B or remain in her current placement
  2. 2 Whether covert hormone replacement therapy (HRT) should continue and under what circumstances
  3. 3 Whether a transition plan from covert to open medication is required before deciding residence

Ratio Decidendi

It is not in A's best interests to return to live with her mother at this time. The evidence demonstrates that B cannot reliably ensure A's voluntary compliance with HRT, and the proposed arrangements for covert medication in the community are unrealistic and unsustainable. Continued covert medication at placement A is feasible and necessary to protect A's health and welfare, given the significant risks of cessation. The absence of a transition plan to open medication does not preclude a best interests decision on residence, as the risks of change outweigh the potential benefits at this stage. The court will not order a move to supported independent living until a suitable placement is...

Court Disposition

Application for A to return home refused. Continuation of current placement and covert medication authorised. Directions for further review and exploration of supported independent living.

Orders

  • B's application for A to return home is dismissed.
  • A shall remain at placement A.