NP, Re

NP, Re

The court found 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 a trial. The court emphasised the importance of balancing risk with NP’s happiness and autonomy, and the need to avoid a protectionist approach.

Parties
Applicant: Cornwall Council; 1st Respondent: NP (by his litigation friend, the Official Solicitor); 2nd Respondent: BKP
Jurisdiction
England and Wales
Judgment Date
09 September 2020
Procedural Posture
Section 21 a Mental Capacity Act Application / Judgment After Best Interests Hearing
Outcome
Trial return home with care package ordered; review hearing listed.
Legal Topics
Deprivation of Liberty, Best Interests Decision, Disability Rights, Residential Care, Article 8 ECHR, Article 19 UNCRPD
Mental Capacity Law Human Rights Law Deprivation of Liberty Best Interests Decision Disability Rights Residential Care Article 8 ECHR Article 19 UNCRPD

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Parties

Cornwall Council

Applicant

NP (by his litigation friend, the Official Solicitor)

1st Respondent

BKP

2nd Respondent

Procedural Posture

Section 21 a Mental Capacity Act Application / Judgment After Best Interests Hearing

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 Appropriate application of the best interests test under the Mental Capacity Act 2005
  3. 3 Consideration of NP’s wishes, values, and rights under ECHR and UNCRPD

Ratio Decidendi

The court found 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 a trial. The court emphasised the importance of balancing risk with NP’s happiness and autonomy, and the need to avoid a protectionist approach.

Court Disposition

Trial return home with care package ordered; review hearing listed.

Orders

  • NP to be discharged to his marital home with a care package as set out in the care plan.
  • Cornwall Council to keep a place open at Z Care Home for three weeks as contingency.