KW, Re

The court found that KW's current placement at RH meets her assessed needs, aligns with her consistent wishes to remain there, and no alternative placement has been identified. Therefore, the challenge under Section 21A MCA must be dismissed as the best interests requirement is satisfied and no declaration for a move to London can be made without a specific option.

Parties: Applicant: DW; Subject (by Her Litigation Friend, the Official Solicitor): KW; First Respondent: LCC; Second Respondent: Second Respondent
Jurisdiction: England and Wales
Judgment Date: 14 July 2015
Procedural Posture: Mental Capacity Act Application / Final Judgment
Outcome: Section 21A challenge dismissed
Legal Topics: Deprivation of Liberty Safeguards, Best Interests Determination, Care Act 2014, Section 21 a MCA Challenge

Mental Capacity Health Law Administrative Law Deprivation of Liberty Safeguards Best Interests Determination Care Act 2014 Section 21 a MCA Challenge

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Parties

Applicant

Subject (by Her Litigation Friend, the Official Solicitor)

LCC

First Respondent

Second Respondent

Procedural Posture

Mental Capacity Act Application / Final Judgment

Legal Issues

1 Whether KW's deprivation of liberty at RH is in her best interests
2 Whether the court can declare it is in KW's best interests to move to London
3 Appropriate location for KW's placement

Ratio Decidendi

Court Disposition

Section 21A challenge dismissed

Orders

KW to remain at RH
Regular four-monthly reviews of KW's placement