An English Local Authority v SW & Anor

An English Local Authority v SW & Anor

SW is habitually resident in England for the purposes of the Mental Capacity Act 2005 because her long-term residence, the stability and duration of her stay, and her circumstances outweigh any dissatisfaction or the fact that her placements were determined by public authorities. The overall factual assessment...

Source-derived case information.

Parties
Applicant: An English Local Authority; First Respondent: SW, by her Litigation Friend, the Official Solicitor; Second Respondent: A Scottish Local Authority; Respondents: RP and LC
Jurisdiction
England and Wales
Judgment Date
02 May 2014
Procedural Posture
Jurisdictional Determination Under the Mental Capacity Act 2005 / Judgment on Habitual Residence and Jurisdiction
Outcome
SW is habitually resident in England; the English court has jurisdiction under the Mental Capacity Act 2005.
Legal Topics
Habitual Residence, Jurisdiction, Protection of Vulnerable Adults, Cross Border Care Arrangements
Mental Capacity Law Private International Law Family Law Habitual Residence Jurisdiction Protection of Vulnerable Adults Cross Border Care Arrangements

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Parties

An English Local Authority

Applicant

SW, by her Litigation Friend, the Official Solicitor

First Respondent

A Scottish Local Authority

Second Respondent

RP and LC

Respondents

Procedural Posture

Jurisdictional Determination Under the Mental Capacity Act 2005 / Judgment on Habitual Residence and Jurisdiction

Legal Issues

  1. 1 Where is SW habitually resident for the purposes of the Mental Capacity Act 2005?
  2. 2 Does the English court have jurisdiction to make substantive orders regarding SW?

Ratio Decidendi

SW is habitually resident in England for the purposes of the Mental Capacity Act 2005 because her long-term residence, the stability and duration of her stay, and her circumstances outweigh any dissatisfaction or the fact that her placements were determined by public authorities. The overall factual assessment demonstrates sufficient integration and stability to establish habitual residence in England.

Court Disposition

SW is habitually resident in England; the English court has jurisdiction under the Mental Capacity Act 2005.

Orders

  • Declaration that SW is habitually resident in England for the purposes of the Mental Capacity Act 2005.
  • English court has substantive jurisdiction to make orders regarding SW under the Act.