HT v CK & Anor

HT v CK & Anor

It is in CK's best interests to remain at C Care Home, as she is settled, happy, and well cared for, with stable relationships and high-quality support. Moving her carries significant risks of disruption, distress, and loss of stability, and no suitable alternative placement exists. CK has consistently indicated reluctance to move or engage in contact with Mrs T. The evidence does not justify a move, and a final declaration as to residence is appropriate. Structured, limited contact arrangements are in CK's best interests, and the current property and affairs management should continue.

Parties
Applicant: HT; 1st Respondent: CK; 2nd Respondent: ALA
Jurisdiction
England and Wales
Judgment Date
03 August 2012
Procedural Posture
Court of Protection / Final Judgment
Outcome
Final declaration that it is in CK's best interests to continue to reside at C Care Home; structured contact arrangements agreed; no change to property and affairs management; no deputyship order for Mrs T.
Legal Topics
Best Interests Determination, Residence and Contact Arrangements, Deputyship, Article 8 ECHR, Capacity Assessment
Mental Capacity Family Law Human Rights Best Interests Determination Residence and Contact Arrangements Deputyship Article 8 ECHR Capacity Assessment

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Parties

HT

Applicant

CK

1st Respondent

ALA

2nd Respondent

Procedural Posture

Court of Protection / Final 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 Management of CK's property and affairs

Ratio Decidendi

It is in CK's best interests to remain at C Care Home, as she is settled, happy, and well cared for, with stable relationships and high-quality support. Moving her carries significant risks of disruption, distress, and loss of stability, and no suitable alternative placement exists. CK has consistently indicated reluctance to move or engage in contact with Mrs T. The evidence does not justify a move, and a final declaration as to residence is appropriate. Structured, limited contact arrangements are in CK's best interests, and the current property and affairs management should continue.

Court Disposition

Final declaration that it is in CK's best interests to continue to reside at C Care Home; structured contact arrangements agreed; no change to property and affairs management; no deputyship order for Mrs T.

Orders

  • Final declaration as to residence at C Care Home
  • Structured contact schedule: 45 minutes weekly, supported by staff, reviewed after three months