Devon County Council v Martins & Anor (Rev 1) [2016] EWCOP 45 (10 June 2016)

Devon County Council v Martins & Anor (Rev 1) [2016] EWCOP 45 (10 June 2016)

The court determined that Mr Martins' best interests would be served by returning him to England to reside in a care home in Sidmouth. This decision was based on his long-standing ties to the area, the support of friends and family (other than Mrs Kirk), his previously expressed wishes, and the superior emotional and person-centred care available in the English care home. The disruption of the move was outweighed by these advantages.

Citation
[2016] EWCOP 45
Parties
Applicant: Devon County Council; First Respondent: Manuel Martins; Second Respondent: Teresa Kirk
Jurisdiction
England and Wales
Judgment Date
10 June 2016
Procedural Posture
Court of Protection Welfare / Final Hearing on Best Interests Determination
Outcome
Application granted
Legal Topics
Best Interests, Residence of Incapacitated Adult, Court of Protection Powers, Contempt of Court, Lasting Power of Attorney
Mental Capacity Law Health and Welfare Best Interests Residence of Incapacitated Adult Court of Protection Powers Contempt of Court Lasting Power of Attorney

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Parties

Devon County Council

Applicant

Manuel Martins

First Respondent

Teresa Kirk

Second Respondent

Procedural Posture

Court of Protection Welfare / Final Hearing on Best Interests Determination

Legal Issues

  1. 1 Whether it is in Mr Martins' best interests to return to England or remain in Portugal
  2. 2 Appropriate placement for an incapacitated adult under the Mental Capacity Act 2005

Ratio Decidendi

The court determined that Mr Martins' best interests would be served by returning him to England to reside in a care home in Sidmouth. This decision was based on his long-standing ties to the area, the support of friends and family (other than Mrs Kirk), his previously expressed wishes, and the superior emotional and person-centred care available in the English care home. The disruption of the move was outweighed by these advantages.

Court Disposition

Application granted

Orders

  • Order for the immediate return of Mr Martins to England to reside at A House in Sidmouth
  • Directions to facilitate the speedy return and placement of Mr Martins