MW, Re [2014] EWCOP B27 (14 October 2014)

MW, Re [2014] EWCOP B27 (14 October 2014)

It is in MW's best interests to remain at her current care home placement, and restrictions on GW's contact are justified and proportionate to preserve MW's security and welfare.

Citation
[2014] EWCOP B27
Parties
Subject: MW; Son/applicant: GW (Mr W); Daughter/respondent: Mrs D; Respondent: Local Authority; Litigation Friend for MW: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
14 October 2014
Procedural Posture
Court of Protection Health and Welfare Proceedings / Final Hearing
Outcome
Application by GW refused; MW to remain at current care home; contact restrictions on GW upheld with amendment.
Legal Topics
Best Interests, Contact Restrictions, Placement of Person Lacking Capacity, Family Disputes, Costs of Proceedings
Mental Capacity Law Health and Welfare Best Interests Contact Restrictions Placement of Person Lacking Capacity Family Disputes Costs of Proceedings

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Parties

MW

Subject

GW (Mr W)

Son/applicant

Mrs D

Daughter/respondent

Local Authority

Respondent

Official Solicitor

Litigation Friend for MW

Procedural Posture

Court of Protection Health and Welfare Proceedings / Final Hearing

Legal Issues

  1. 1 Whether MW should remain at her current care home placement or be moved as requested by her son
  2. 2 Whether restrictions on GW's contact with MW are justified and proportionate

Ratio Decidendi

It is in MW's best interests to remain at her current care home placement, and restrictions on GW's contact are justified and proportionate to preserve MW's security and welfare.

Court Disposition

Application by GW refused; MW to remain at current care home; contact restrictions on GW upheld with amendment.

Orders

  • MW to remain at her current care home placement or such other placement if the current one breaks down.
  • Restrictions on GW's contact with MW are proportionate and justified.