NP, Re [2020] EWCOP 44 (09 September 2020)

NP, Re [2020] EWCOP 44 (09 September 2020)

The court held that a trial return home with a care package is in NP’s best interests, as it accords with his wishes and values, is the least restrictive option, and the risks are not so great as to preclude it. The court emphasised the importance of autonomy, the right to family life, and the need to avoid unnecessary institutionalisation, with contingency plans in place for rapid transfer to a care home if needed.

Citation
[2020] EWCOP 44
Parties
Applicant: Cornwall Council; First Respondent: NP (by his litigation friend the Official Solicitor); Second Respondent: BKP
Jurisdiction
England and Wales
Judgment Date
09 September 2020
Procedural Posture
Court of Protection S.21 a MCA Challenge / Judgment on Best Interests and Residence Following Deprivation of Liberty Authorisation
Outcome
Application granted for trial return home with care package.
Legal Topics
Best Interests Decision Making, Deprivation of Liberty, Residence and Care Arrangements, Article 8 ECHR, Article 19 UNCRPD
Mental Capacity Law Human Rights Law Community Care Law Best Interests Decision Making Deprivation of Liberty Residence and Care Arrangements Article 8 ECHR Article 19 UNCRPD

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Parties

Cornwall Council

Applicant

NP (by his litigation friend the Official Solicitor)

First Respondent

BKP

Second Respondent

Procedural Posture

Court of Protection S.21 a MCA Challenge / Judgment on Best Interests and Residence Following Deprivation of Liberty Authorisation

Legal Issues

  1. 1 Whether it is in NP’s best interests to be discharged to his marital home or to a care home
  2. 2 Whether a trial at home is appropriate given risks and wishes
  3. 3 How to balance safety, autonomy, and rights under ECHR and CRPD

Ratio Decidendi

The court held that a trial return home with a care package is in NP’s best interests, as it accords with his wishes and values, is the least restrictive option, and the risks are not so great as to preclude it. The court emphasised the importance of autonomy, the right to family life, and the need to avoid unnecessary institutionalisation, with contingency plans in place for rapid transfer to a care home if needed.

Court Disposition

Application granted for trial return home with care package.

Orders

  • NP to be discharged to marital home with care package and support from BKP and professional carers.
  • Local Authority to keep a place open at Z Care Home for three weeks as contingency.