KK v STCC [2012] EWCOP 2136 (26 July 2012)

KK v STCC [2012] EWCOP 2136 (26 July 2012)

The local authority failed to prove that KK lacks capacity to make decisions as to her residence and care. KK demonstrated sufficient understanding of her care needs, the risks and benefits of returning home, and the consequences of her choices. The assessments did not take all practicable steps to assist her, nor did they present her with detailed options for support at home. The statutory presumption of capacity was not rebutted.

Citation
[2012] EWCOP 2136
Parties
Applicant: CC; 1st Respondent: KK; 2nd Respondent: STCC
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Court of Protection Application Under S.21 a Mental Capacity Act 2005 / Judgment on Preliminary Issues: Capacity and Deprivation of Liberty
Outcome
Declaration that KK has capacity to make decisions about her residence and care; application under s.21A dismissed.
Legal Topics
Mental Capacity Assessment, Deprivation of Liberty, Best Interests, Article 5 ECHR, Care Arrangements for Vulnerable Adults
Mental Capacity Law Human Rights Law Health and Social Care Law Mental Capacity Assessment Deprivation of Liberty Best Interests Article 5 ECHR Care Arrangements for Vulnerable Adults

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Parties

CC

Applicant

KK

1st Respondent

STCC

2nd Respondent

Procedural Posture

Court of Protection Application Under S.21 a Mental Capacity Act 2005 / Judgment on Preliminary Issues: Capacity and Deprivation of Liberty

Legal Issues

  1. 1 Whether KK has capacity to make decisions about her residence and care
  2. 2 Whether the circumstances of KK's residence at STCC amount to a deprivation of liberty under Article 5 ECHR

Ratio Decidendi

The local authority failed to prove that KK lacks capacity to make decisions as to her residence and care. KK demonstrated sufficient understanding of her care needs, the risks and benefits of returning home, and the consequences of her choices. The assessments did not take all practicable steps to assist her, nor did they present her with detailed options for support at home. The statutory presumption of capacity was not rebutted.

Court Disposition

Declaration that KK has capacity to make decisions about her residence and care; application under s.21A dismissed.

Orders

  • KK is declared to have capacity to make decisions as to her residence and care.
  • The application under s.21A Mental Capacity Act 2005 is dismissed.