MA v Gateshead Council & Ors [2024] EWCOP 34 (T1) (19 June 2024)

MA v Gateshead Council & Ors [2024] EWCOP 34 (T1) (19 June 2024)

A two-week trial placement at home is in MA's best interests as it is the least restrictive option, accords with her lifelong wishes and feelings, and can be managed with an appropriate care plan and assistive technology. The risks are not so great as to outweigh the benefits, and the trial is reversible with her place at Placement 1 retained.

Citation
[2024] EWCOP 34
Parties
Applicant: MA; First Respondent: Gateshead Council; Second Respondent: SIA; Third Respondent: TA; Fourth Respondent: DA
Jurisdiction
England and Wales
Judgment Date
19 June 2024
Procedural Posture
Section 21 a Mental Capacity Act 2005 Challenge / Contested Hearing on Best Interests Regarding Trial Home Placement
Outcome
Application granted
Legal Topics
Best Interests, Deprivation of Liberty, Care and Residence, Section 21 a Challenge, Article 8 ECHR
Mental Capacity Law Health and Welfare Best Interests Deprivation of Liberty Care and Residence Section 21 a Challenge Article 8 ECHR

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Parties

MA

Applicant

Gateshead Council

First Respondent

SIA

Second Respondent

TA

Third Respondent

DA

Fourth Respondent

Procedural Posture

Section 21 a Mental Capacity Act 2005 Challenge / Contested Hearing on Best Interests Regarding Trial Home Placement

Legal Issues

  1. 1 Whether it is in MA's best interests to have a two-week trial placement at home with a care package rather than remain at Placement 1

Ratio Decidendi

A two-week trial placement at home is in MA's best interests as it is the least restrictive option, accords with her lifelong wishes and feelings, and can be managed with an appropriate care plan and assistive technology. The risks are not so great as to outweigh the benefits, and the trial is reversible with her place at Placement 1 retained.

Court Disposition

Application granted

Orders

  • MA is authorised to have a two-week trial placement at home with a care package; her room at Placement 1 remains available in the event of breakdown.