JO v GO & Ors [2013] EWCOP 3932 (13 December 2013)

JO v GO & Ors [2013] EWCOP 3932 (13 December 2013)

PO is not habitually resident in England and Wales; her removal to Scotland was lawful under the doctrine of necessity; the Court of Protection has no jurisdiction under paragraph 7(1)(a) of Schedule 3 to the Mental Capacity Act 2005 and should decline to exercise its jurisdiction under paragraph 7(1)(b) on forum non conveniens grounds, except as relates to PO's English property.

Citation
[2013] EWCOP 3932
Parties
Applicant: JO; Respondent: GO; Respondent: RO; Respondent: MP; Respondent: Inverclyde Council
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Court of Protection Application / Jurisdictional Challenge and Substantive Application
Outcome
Application dismissed except as to English property; Court of Protection declines jurisdiction over welfare matters.
Legal Topics
Habitual Residence, Jurisdiction Under Mental Capacity Act 2005, Forum Non Conveniens, International Protection of Adults
Mental Capacity Law Private International Law Habitual Residence Jurisdiction Under Mental Capacity Act 2005 Forum Non Conveniens International Protection of Adults

Case Brief

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Parties

JO

Applicant

GO

Respondent

RO

Respondent

MP

Respondent

Inverclyde Council

Respondent

Procedural Posture

Court of Protection Application / Jurisdictional Challenge and Substantive Application

Legal Issues

  1. 1 Whether PO is habitually resident in England and Wales for the purposes of Court of Protection jurisdiction
  2. 2 Whether the Court of Protection should exercise jurisdiction under paragraph 7(1)(b) of Schedule 3 to the Mental Capacity Act 2005
  3. 3 Whether PO was wrongfully removed to Scotland

Ratio Decidendi

PO is not habitually resident in England and Wales; her removal to Scotland was lawful under the doctrine of necessity; the Court of Protection has no jurisdiction under paragraph 7(1)(a) of Schedule 3 to the Mental Capacity Act 2005 and should decline to exercise its jurisdiction under paragraph 7(1)(b) on forum non conveniens grounds, except as relates to PO's English property.

Court Disposition

Application dismissed except as to English property; Court of Protection declines jurisdiction over welfare matters.

Orders

  • Order pursuant to Rule 87(1)(a) as to all matters other than PO's English property, declaring no jurisdiction.
  • Order pursuant to Rule 87(1)(b) as to PO's English property, declining to exercise jurisdiction on forum non conveniens grounds.