G, Re [2021] EWCOP 69 (13 December 2021)

G, Re [2021] EWCOP 69 (13 December 2021)

It is not in G's best interests to move directly from hospital to a home care package with her parents at this stage due to the risks of placement breakdown, lack of readiness, and absence of funding. The appropriate plan is for G to move to a specialist nursing home (A Home) as a transitional step, with a clear...

Source-derived case information.

Citation
[2021] EWCOP 69
Parties
Applicant: A NHS Trust; First Respondent: G (by her litigation friend, the Official Solicitor); Second Respondent: LF; Third Respondent: M CCG
Jurisdiction
England and Wales
Judgment Date
13 December 2021
Procedural Posture
Court of Protection Best Interests Application / Final Judgment After Contested Hearing
Outcome
Application granted in part; best interests declaration made.
Legal Topics
Best Interests, Deprivation of Liberty, Medical Treatment, Residence and Care, Article 8 ECHR, Section 21 a Mental Capacity Act 2005
Mental Capacity Health Law Human Rights Best Interests Deprivation of Liberty Medical Treatment Residence and Care Article 8 ECHR +1 more

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Parties

A NHS Trust

Applicant

G (by her litigation friend, the Official Solicitor)

First Respondent

LF

Second Respondent

M CCG

Third Respondent

Procedural Posture

Court of Protection Best Interests Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether it is in G's best interests to move from hospital to a residential nursing home or to a home care package with her parents; Whether continued medical interventions (CPR, central venous line) are in G's best interests; The role of family wishes versus clinical judgment in best interests decisions

Ratio Decidendi

It is not in G's best interests to move directly from hospital to a home care package with her parents at this stage due to the risks of placement breakdown, lack of readiness, and absence of funding. The appropriate plan is for G to move to a specialist nursing home (A Home) as a transitional step, with a clear ceiling of medical intervention (no CPR, removal of central venous line), and with the goal of eventual reunification with her family if feasible. The hospital is no longer an appropriate placement for G.

Court Disposition

Application granted in part; best interests declaration made.

Orders

  • G is to move from hospital to A Home (specialist nursing home) as soon as practicable.
  • CPR is not to be attempted in the event of cardiac arrest; declaration made.