BP v Surrey County Council [2020] EWCOP 22 (29 April 2020)

BP v Surrey County Council [2020] EWCOP 22 (29 April 2020)

Given the change in circumstances, the identification of professional carers, and the agreement of all parties, BP's best interests now lie in returning home to his daughter's care, subject to assessment and adjustments. The Court of Protection cannot derogate from the ECHR; only the government can do so.

Citation
[2020] EWCOP 22
Parties
Applicant: BP; 1st Respondent: Surrey County Council; 2nd Respondent: RP
Jurisdiction
England and Wales
Judgment Date
29 April 2020
Procedural Posture
Court of Protection / Post Judgment Review Following Remote Hearing
Outcome
Application granted by agreement; BP to return home to daughter's care.
Legal Topics
Best Interests, Deprivation of Liberty, Capacity Assessment, COVID 19 Emergency Measures, Article 15 ECHR
Mental Capacity Law Human Rights Best Interests Deprivation of Liberty Capacity Assessment COVID 19 Emergency Measures Article 15 ECHR

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Parties

BP

Applicant

Surrey County Council

1st Respondent

RP

2nd Respondent

Procedural Posture

Court of Protection / Post Judgment Review Following Remote Hearing

Legal Issues

  1. 1 Whether it is in BP's best interests to return home to his daughter's care
  2. 2 Appropriate process for capacity assessment during COVID-19
  3. 3 Authority to derogate from ECHR

Ratio Decidendi

Given the change in circumstances, the identification of professional carers, and the agreement of all parties, BP's best interests now lie in returning home to his daughter's care, subject to assessment and adjustments. The Court of Protection cannot derogate from the ECHR; only the government can do so.

Court Disposition

Application granted by agreement; BP to return home to daughter's care.

Orders

  • BP to move to his daughter's care following assessment and necessary adjustments to his home.
  • Professional carers to be engaged to support BP and FP.