BP v Surrey County Council
BP's best interests now lie in a return home under his daughter's care, supported by identified carers and subject to assessment and adjustments, given his cognitive functioning, expressed wishes, and the impact of social distancing and deprivation of contact.
- 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
- Agreement reached for BP to return home under daughter's care with support package.
- Legal Topics
- Best Interests, Deprivation of Liberty, Capacity Assessment, COVID 19 Emergency Measures, Derogation From ECHR
Case Brief
Summary, issues, holding and outcome
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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 Whether it is in BP's best interests to return home under his daughter's care
- 2 Appropriate legal framework for deprivation of liberty during COVID-19
- 3 Capacity assessment procedures during pandemic
Ratio Decidendi
BP's best interests now lie in a return home under his daughter's care, supported by identified carers and subject to assessment and adjustments, given his cognitive functioning, expressed wishes, and the impact of social distancing and deprivation of contact.
Court Disposition
Agreement reached for BP to return home under daughter's care with support package.
Orders
- BP to move to daughter's care, subject to assessment of needs and accommodation adjustments.
- Carers identified to assist FP.
Full Case Text
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