MF v GF & Ors [2022] EWCOP 54 (07 December 2022)

MF v GF & Ors [2022] EWCOP 54 (07 December 2022)

MF lacks capacity in all relevant domains. His family has persistently obstructed professional access and limited his opportunities. Supported living is in MF's best interests to develop life skills, achieve greater independence, and safeguard his welfare. Remaining at home would not allow MF to reach his potential...

Source-derived case information.

Citation
[2022] EWCOP 54
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 Application / Final Judgment
Outcome
Application granted
Legal Topics
Best Interests Decision, Capacity Assessment, Supported Living, Removal From Family Home, Civil Restraint Order
Mental Capacity Law Adult Social Care Best Interests Decision Capacity Assessment Supported Living Removal From Family Home Civil Restraint Order

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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 Application / Final Judgment

Legal Issues

  1. 1 Does MF lack capacity in relevant domains under the Mental Capacity Act 2005?
  2. 2 Is it in MF's best interests to be removed from his family home to supported living?
  3. 3 Should injunctive or civil restraint orders be made against the family?

Ratio Decidendi

MF lacks capacity in all relevant domains. His family has persistently obstructed professional access and limited his opportunities. Supported living is in MF's best interests to develop life skills, achieve greater independence, and safeguard his welfare. Remaining at home would not allow MF to reach his potential and would perpetuate controlling and restrictive dynamics.

Court Disposition

Application granted

Orders

  • MF to be moved to supported living (EL or suitable alternative) after 28 December 2022.
  • Family must permit at least two preparatory visits to EL or alternative before move.