HT v CK & Anor [2012] EWCOP 4160 (03 August 2012)

HT v CK & Anor [2012] EWCOP 4160 (03 August 2012)

It is in CK's best interests to remain at C Care Home, where she is settled, receives high quality care, and benefits from stability. The risks of disruption, distress, and loss of established relationships and medical support outweigh the potential benefits of moving closer to family. There is no suitable alternative placement available. Structured, supervised contact with family at the care home is in CK's best interests. Mrs T should not be appointed as deputy for welfare or property/affairs.

Citation
[2012] EWCOP 4160
Parties
Applicant: HT; First Respondent: CK; Second Respondent: ALA
Jurisdiction
England and Wales
Judgment Date
03 August 2012
Procedural Posture
Court of Protection Welfare and Property / Final Hearing and Judgment
Outcome
Application for immediate move and deputyship refused; declaration that CK lacks capacity and should remain at C Care Home; structured contact arrangements ordered.
Legal Topics
Best Interests Determination, Residence and Contact for Incapacitated Adults, Deputyship Applications, Article 8 ECHR Right to Family Life
Mental Capacity Law Health and Welfare Law Best Interests Determination Residence and Contact for Incapacitated Adults Deputyship Applications Article 8 ECHR Right to Family Life

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Parties

HT

Applicant

CK

First Respondent

ALA

Second Respondent

Procedural Posture

Court of Protection Welfare and Property / Final Hearing and Judgment

Legal Issues

  1. 1 Whether it is in CK's best interests to remain at C Care Home or move closer to her family
  2. 2 Appropriate contact arrangements between CK and her family
  3. 3 Whether Mrs T should be appointed as deputy for welfare and property/affairs

Ratio Decidendi

It is in CK's best interests to remain at C Care Home, where she is settled, receives high quality care, and benefits from stability. The risks of disruption, distress, and loss of established relationships and medical support outweigh the potential benefits of moving closer to family. There is no suitable alternative placement available. Structured, supervised contact with family at the care home is in CK's best interests. Mrs T should not be appointed as deputy for welfare or property/affairs.

Court Disposition

Application for immediate move and deputyship refused; declaration that CK lacks capacity and should remain at C Care Home; structured contact arrangements ordered.

Orders

  • CK to remain resident at C Care Home.
  • Contact between CK and Mrs T to be structured as per expert recommendations (time-limited, supervised, regular schedule).