A Local Authority v MF & Ors

A Local Authority v MF & Ors

MF lacks capacity to make decisions regarding residence, care, contact, finances, and conduct of proceedings. It is in MF's best interests to move to supported living, as his family have consistently obstructed professional involvement and limited his opportunities, and only supported living can provide the environment necessary for his development and safety.

Parties
Applicant: A Local Authority; First Respondent: MF; Second Respondent: GF; Third Respondent: VM; Fourth Respondent: TA
Jurisdiction
England and Wales
Judgment Date
07 December 2022
Procedural Posture
Court of Protection / Final Judgment on Application for Removal to Supported Living
Outcome
Application granted
Legal Topics
Capacity Assessment, Best Interests, Supported Living, Court of Protection Powers, Family Opposition to Care Plans
Mental Capacity Health and Welfare Capacity Assessment Best Interests Supported Living Court of Protection Powers Family Opposition to Care Plans

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Parties

A Local Authority

Applicant

MF

First Respondent

GF

Second Respondent

VM

Third Respondent

TA

Fourth Respondent

Procedural Posture

Court of Protection / Final Judgment on Application for Removal to Supported Living

Legal Issues

  1. 1 Does MF lack capacity to make decisions regarding residence, care, contact, finances, and conduct of proceedings?
  2. 2 Is it in MF's best interests to be removed from the family home to supported living against the wishes of his family?

Ratio Decidendi

MF lacks capacity to make decisions regarding residence, care, contact, finances, and conduct of proceedings. It is in MF's best interests to move to supported living, as his family have consistently obstructed professional involvement and limited his opportunities, and only supported living can provide the environment necessary for his development and safety.

Court Disposition

Application granted

Orders

  • MF shall move to supported living (EL or alternative) after 28 December 2022.
  • The family must permit at least two visits to EL before the move.