Reading Borough Council v P & Ors.

Reading Borough Council v P & Ors.

It is in P’s best interests to remain in her current care home with the current package of care and support, as this arrangement maximises family contact, mitigates risks of care breakdown, and provides a neutral ground for visits, outweighing the less restrictive options of living with KS or SS, which would likely reduce family contact and expose P to family conflict.

Parties
Applicant: Reading Borough Council; First Respondent: P (by her litigation friend, the Official Solicitor); Second Respondent: SS; Third Respondent: HS; Fourth Respondent: KS
Jurisdiction
England and Wales
Judgment Date
19 May 2022
Procedural Posture
Section 21 a Mental Capacity Act 2005 Welfare Proceedings / Final Hearing
Outcome
Final declarations made that it is in P’s best interests to remain living in her current care home and to receive the package of care and support provided there. Authorisation of deprivation of liberty granted.
Legal Topics
Best Interests, Deprivation of Liberty, Care Arrangements, Capacity Assessment
Mental Capacity Health and Welfare Best Interests Deprivation of Liberty Care Arrangements Capacity Assessment

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Parties

Reading Borough Council

Applicant

P (by her litigation friend, the Official Solicitor)

First Respondent

SS

Second Respondent

HS

Third Respondent

KS

Fourth Respondent

Procedural Posture

Section 21 a Mental Capacity Act 2005 Welfare Proceedings / Final Hearing

Legal Issues

  1. 1 Whether P's current residence and care arrangements are in her best interests
  2. 2 Whether P should move to live with KS or SS on a trial basis with a package of care and support

Ratio Decidendi

It is in P’s best interests to remain in her current care home with the current package of care and support, as this arrangement maximises family contact, mitigates risks of care breakdown, and provides a neutral ground for visits, outweighing the less restrictive options of living with KS or SS, which would likely reduce family contact and expose P to family conflict.

Court Disposition

Final declarations made that it is in P’s best interests to remain living in her current care home and to receive the package of care and support provided there. Authorisation of deprivation of liberty granted.

Orders

  • P to remain in her current care home
  • P to receive the current package of care and support