AM, residence and care of

AM, residence and care of

It is not in AM's best interests to be discharged home under the proposed care package because the lack of committed GP and medical input at home creates a significant risk of deterioration in health, increased hospital admissions, and premature death. The current deprivation of liberty at X Nursing Home is necessary, proportionate, and in his best interests given the available evidence and resources.

Parties
Applicant: AG; First Respondent: AM; Second Respondent: LBE; Third Respondent: MH; Fourth Respondent: ECCG
Jurisdiction
England and Wales
Judgment Date
13 January 2020
Procedural Posture
Section 21 a Application Under the Mental Capacity Act 2005 / Final Judgment After Contested Hearing
Outcome
Application refused; AM to remain at X Nursing Home under current deprivation of liberty authorisation.
Legal Topics
Deprivation of Liberty, Best Interests, Medical Care, Residence, Article 5 ECHR, Article 8 ECHR
Mental Capacity Health Law Human Rights Deprivation of Liberty Best Interests Medical Care Residence Article 5 ECHR +1 more

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Parties

AG

Applicant

AM

First Respondent

LBE

Second Respondent

MH

Third Respondent

ECCG

Fourth Respondent

Procedural Posture

Section 21 a Application Under the Mental Capacity Act 2005 / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether it is in AM's best interests to be discharged from X Nursing Home to live at home under a proposed care package
  2. 2 Whether the deprivation of liberty at X Nursing Home is necessary and proportionate
  3. 3 Whether the proposed home care package can meet AM's complex medical needs

Ratio Decidendi

It is not in AM's best interests to be discharged home under the proposed care package because the lack of committed GP and medical input at home creates a significant risk of deterioration in health, increased hospital admissions, and premature death. The current deprivation of liberty at X Nursing Home is necessary, proportionate, and in his best interests given the available evidence and resources.

Court Disposition

Application refused; AM to remain at X Nursing Home under current deprivation of liberty authorisation.

Orders

  • AM shall continue to reside at X Nursing Home and be cared for in accordance with the current treatment and care plan.
  • The deprivation of liberty is authorised as necessary and proportionate.