AM, residence and care of [2019] EWCOP 59 (13 January 2020)

AM, residence and care of [2019] EWCOP 59 (13 January 2020)

The court held that, although AM wishes to return home and the family is devoted and competent, the risks to AM's health and safety at home are too great given his complex needs, the limitations of the home care package, and the likelihood of care breakdown. The loss of his current high-quality placement at X...

Source-derived case information.

Citation
[2019] EWCOP 59
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 Mental Capacity Act 2005 Application / Final Judgment After Full Hearing
Outcome
Application dismissed; AM to remain at X Nursing Home under standard authorisation.
Legal Topics
Deprivation of Liberty Safeguards (do Ls), Best Interests, Capacity Assessment, Care and Residence, Article 5 ECHR, Article 8 ECHR
Mental Capacity Law Human Rights Law Public Law Deprivation of Liberty Safeguards (do Ls) Best Interests Capacity Assessment Care and Residence Article 5 ECHR +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

AG

Applicant

AM

First Respondent

LBE

Second Respondent

MH

Third Respondent

ECCG

Fourth Respondent

Procedural Posture

Section 21 a Mental Capacity Act 2005 Application / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether it is in AM's best interests to be discharged from X Nursing Home to live at home with his wife and family
  2. 2 Whether the deprivation of liberty at X Nursing Home is necessary and proportionate under the Mental Capacity Act 2005 and ECHR

Ratio Decidendi

The court held that, although AM wishes to return home and the family is devoted and competent, the risks to AM's health and safety at home are too great given his complex needs, the limitations of the home care package, and the likelihood of care breakdown. The loss of his current high-quality placement at X Nursing Home would be a significant detriment. The deprivation of liberty at X Nursing Home is necessary, proportionate, and in his best interests under the Mental Capacity Act 2005 and ECHR.

Court Disposition

Application dismissed; AM to remain at X Nursing Home under standard authorisation.

Orders

  • AM shall remain deprived of his liberty at X Nursing Home under the current standard authorisation.
  • The local authority and CCG are encouraged to facilitate home visits and community outings for AM where practicable.