IM v Gateshead Council & Anor [2020] EWFC B85 (03 July 2020)

IM v Gateshead Council & Anor [2020] EWFC B85 (03 July 2020)

IM has not acquired habitual residence in England and Wales as the necessary degree of stability, permanence, and integration has not been established; IM remains habitually resident in Scotland.

Citation
[2020] EWFC B85
Parties
Applicant: IM; First Respondent: Gateshead Council; Second Respondent: City of Edinburgh Council
Jurisdiction
England and Wales
Judgment Date
03 July 2020
Procedural Posture
Section 21 a Application Under the Mental Capacity Act 2005 / Determination of Habitual Residence and Jurisdiction
Outcome
IM's habitual residence remains in Scotland; court does not have jurisdiction under section 21A Mental Capacity Act 2005 as of today.
Legal Topics
Habitual Residence, Jurisdiction, Deprivation of Liberty, Section 21 a Mental Capacity Act
Family Law Mental Capacity Law Habitual Residence Jurisdiction Deprivation of Liberty Section 21 a Mental Capacity Act

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Parties

IM

Applicant

Gateshead Council

First Respondent

City of Edinburgh Council

Second Respondent

Procedural Posture

Section 21 a Application Under the Mental Capacity Act 2005 / Determination of Habitual Residence and Jurisdiction

Legal Issues

  1. 1 Has IM acquired habitual residence in England and Wales?
  2. 2 Does the court have jurisdiction under section 21A Mental Capacity Act 2005?

Ratio Decidendi

IM has not acquired habitual residence in England and Wales as the necessary degree of stability, permanence, and integration has not been established; IM remains habitually resident in Scotland.

Court Disposition

IM's habitual residence remains in Scotland; court does not have jurisdiction under section 21A Mental Capacity Act 2005 as of today.

Orders

  • No change in habitual residence; application under section 21A remains extant pending further assessment.