LC, Re (Rev 2)

LC, Re (Rev 2)

Mrs C's care needs cannot be met at home with available funding and lack of sustainable care package; risks to her health and well-being outweigh benefits of return home; continued residence at S Care Home is in her best interests; deprivation of liberty is lawful, necessary, and proportionate; contact with Mr C need not be supervised but may be supported; appointment of independent deputy for property and affairs is preferable.

Parties
Applicant: Bedford Borough Council; First Respondent: Mrs C; Second Respondent: Mr C
Jurisdiction
England and Wales
Judgment Date
13 February 2015
Procedural Posture
Court of Protection / Final Judgment
Outcome
Continued residence at S Care Home; deprivation of liberty authorised; independent deputy to be appointed; contact with husband not supervised.
Legal Topics
Best Interests, Deprivation of Liberty, Residence, Contact, Deputy Appointment
Mental Capacity Human Rights Family Law Best Interests Deprivation of Liberty Residence Contact Deputy Appointment

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Parties

Bedford Borough Council

Applicant

Mrs C

First Respondent

Mr C

Second Respondent

Procedural Posture

Court of Protection / Final Judgment

Legal Issues

  1. 1 Whether Mrs C should return home, remain at S Care Home, or move to another care home
  2. 2 Whether Mrs C's deprivation of liberty is lawful and in her best interests
  3. 3 Whether contact with Mr C should be supervised or supported

Ratio Decidendi

Mrs C's care needs cannot be met at home with available funding and lack of sustainable care package; risks to her health and well-being outweigh benefits of return home; continued residence at S Care Home is in her best interests; deprivation of liberty is lawful, necessary, and proportionate; contact with Mr C need not be supervised but may be supported; appointment of independent deputy for property and affairs is preferable.

Court Disposition

Continued residence at S Care Home; deprivation of liberty authorised; independent deputy to be appointed; contact with husband not supervised.

Orders

  • Mrs C to remain at S Care Home under standard authorisation for deprivation of liberty.
  • Managing authority and supervisory body to arrange increased visits to marital home (up to three per week) within available resources.