DA v EP & Ors (COP- Deprivation of Liberty/Welfare) [2020] EWCOP 74 (28 February 2020)

DA v EP & Ors (COP- Deprivation of Liberty/Welfare) [2020] EWCOP 74 (28 February 2020)

RP's best interests require her to remain in her current flat with live-in care provided by X Care Agency and with restrictions on EP's contact and involvement, as EP's conduct has led to repeated breakdowns in care arrangements and poses a risk to RP's stability and welfare. A move to Scotland is not in RP's best interests due to lack of evidence of her wishes, absence of a support network, and risk of confusion and distress. In the longer term, RP should move to Extra Care Housing with a live-in carer, with continued restrictions on EP. Appointment of a deputy for welfare matters is necessary but should be limited in scope and duration.

Citation
[2020] EWCOP 74
Parties
Applicant: DA; First Respondent: EP; Second Respondent: JP; Third Respondent: RP (by her litigation friend, the Official Solicitor); Fourth Respondent: Warwickshire County Council
Jurisdiction
England and Wales
Judgment Date
28 February 2020
Procedural Posture
Court of Protection Welfare and Property/affairs Applications / Final Hearing With Determination of Multiple Welfare and Property/affairs Applications
Outcome
Applications by EP for change of care provider, removal of restrictions, and move to Scotland refused; applications by local authority and JP for continued care by X Care Agency, restrictions on EP, and appointment of deputy granted.
Legal Topics
Best Interests Decision Making, Deprivation of Liberty, Appointment of Deputy, Contact Arrangements, Residence and Care Arrangements, Article 5 ECHR, Article 8 ECHR
Mental Capacity Law Adult Social Care Law Human Rights Law Best Interests Decision Making Deprivation of Liberty Appointment of Deputy Contact Arrangements Residence and Care Arrangements +2 more

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Parties

DA

Applicant

EP

First Respondent

JP

Second Respondent

RP (by her litigation friend, the Official Solicitor)

Third Respondent

Warwickshire County Council

Fourth Respondent

Procedural Posture

Court of Protection Welfare and Property/affairs Applications / Final Hearing With Determination of Multiple Welfare and Property/affairs Applications

Legal Issues

  1. 1 What are RP's best interests regarding residence, care, and contact?
  2. 2 Should restrictions be placed on EP's contact and involvement in care?
  3. 3 Should RP be moved to Scotland or remain locally?

Ratio Decidendi

RP's best interests require her to remain in her current flat with live-in care provided by X Care Agency and with restrictions on EP's contact and involvement, as EP's conduct has led to repeated breakdowns in care arrangements and poses a risk to RP's stability and welfare. A move to Scotland is not in RP's best interests due to lack of evidence of her wishes, absence of a support network, and risk of confusion and distress. In the longer term, RP should move to Extra Care Housing with a live-in carer, with continued restrictions on EP. Appointment of a deputy for welfare matters is necessary but should be limited in scope and duration.

Court Disposition

Applications by EP for change of care provider, removal of restrictions, and move to Scotland refused; applications by local authority and JP for continued care by X Care Agency, restrictions on EP, and appointment of deputy granted.

Orders

  • RP to remain in her flat with live-in care by X Care Agency and restrictions on EP's contact and involvement as per order (with minor amendments).
  • Long-term plan for RP to move to Extra Care Housing with live-in carer, with continued restrictions on EP.