BHCC v KD [2016] EWCOP B2 (30 August 2016)

BHCC v KD [2016] EWCOP B2 (30 August 2016)

KD does not fall within the scope of the Mental Health Act 1983 as required by Case E of Schedule 1A, because it is not necessary for her health or safety to be detained in hospital for treatment, and her current treatment can be provided without such detention. All three conditions in paragraph 5 must be met for...

Source-derived case information.

Citation
[2016] EWCOP B2
Parties
Subject: KD; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
30 August 2016
Procedural Posture
Court of Protection Welfare Application / Final Judgment on Eligibility and Best Interests
Outcome
Application granted; standard authorisation under DOLS renewed.
Legal Topics
Deprivation of Liberty Safeguards (dols), Eligibility Under Mental Capacity Act 2005, Interface With Mental Health Act 1983, Best Interests Decision Making, Covert Medication
Mental Capacity Law Mental Health Law Human Rights Deprivation of Liberty Safeguards (dols) Eligibility Under Mental Capacity Act 2005 Interface With Mental Health Act 1983 Best Interests Decision Making Covert Medication

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

KD

Subject

Local Authority

Applicant

Procedural Posture

Court of Protection Welfare Application / Final Judgment on Eligibility and Best Interests

Legal Issues

  1. 1 Whether KD is ineligible to be deprived of her liberty under the Mental Capacity Act 2005 by virtue of Schedule 1A (Case E)
  2. 2 Whether all conditions in paragraph 5 of Schedule 1A must be met for ineligibility
  3. 3 Whether continued deprivation of liberty and treatment under DOLS is in KD's best interests

Ratio Decidendi

KD does not fall within the scope of the Mental Health Act 1983 as required by Case E of Schedule 1A, because it is not necessary for her health or safety to be detained in hospital for treatment, and her current treatment can be provided without such detention. All three conditions in paragraph 5 must be met for ineligibility, which is not the case. Therefore, KD is not ineligible to be deprived of her liberty under the Mental Capacity Act 2005, and a standard authorisation under DOLS is lawful and in her best interests.

Court Disposition

Application granted; standard authorisation under DOLS renewed.

Orders

  • KD to remain at current care home under standard authorisation (DOLS)
  • No covert medication unless a best interests meeting is held in accordance with AG v BMBC and SNH [2016] EWCOP 37