A Local Authority v M & Ors [2014] EWCOP 33 (11 August 2014)

A Local Authority v M & Ors [2014] EWCOP 33 (11 August 2014)

The court found that M lacks capacity to make decisions regarding his residence, care, and medical treatment. The evidence established that E exercised excessive control over M's life, including his medical care and social interactions, to an extent that was not in his best interests. The court concluded that it was necessary and proportionate to remove E as M's deputy and to authorise the local authority to make decisions regarding M's residence and care, subject to ongoing review and the involvement of the Official Solicitor.

Citation
[2014] EWCOP 33
Parties
Applicant: M A Local Authority; First Respondent: M (by his litigation friend via the Official Solicitor); Second Respondent: E; Third Respondent: A
Jurisdiction
England and Wales
Judgment Date
11 August 2014
Procedural Posture
Court of Protection Proceedings Under the Mental Capacity Act 2005 / Post Fact Finding Hearing, Judgment Delivered
Outcome
Application granted in part
Legal Topics
Deputyship, Best Interests, Capacity Assessment, Safeguarding, Residence and Care Orders, Medical Treatment Decisions
Mental Capacity Law Public Law Health and Social Care Law Deputyship Best Interests Capacity Assessment Safeguarding Residence and Care Orders +1 more

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Parties

M A Local Authority

Applicant

M (by his litigation friend via the Official Solicitor)

First Respondent

E

Second Respondent

A

Third Respondent

Procedural Posture

Court of Protection Proceedings Under the Mental Capacity Act 2005 / Post Fact Finding Hearing, Judgment Delivered

Legal Issues

  1. 1 Whether M lacks capacity to make decisions regarding his residence, care, and medical treatment
  2. 2 Whether E should be removed as M's deputy
  3. 3 Whether the local authority should be authorised to make decisions about M's residence and care

Ratio Decidendi

The court found that M lacks capacity to make decisions regarding his residence, care, and medical treatment. The evidence established that E exercised excessive control over M's life, including his medical care and social interactions, to an extent that was not in his best interests. The court concluded that it was necessary and proportionate to remove E as M's deputy and to authorise the local authority to make decisions regarding M's residence and care, subject to ongoing review and the involvement of the Official Solicitor.

Court Disposition

Application granted in part

Orders

  • E removed as M's deputy for property and affairs and personal welfare
  • Local authority authorised to make decisions regarding M's residence and care