QD (Habitual Residence) (No.2) [2020] EWCOP 14 (25 March 2020)

QD (Habitual Residence) (No.2) [2020] EWCOP 14 (25 March 2020)

The Court of Protection cannot exercise jurisdiction based on 'urgency' under Schedule 3 para.7(1)(c) MCA 2005 when implementation of any order would be indefinitely delayed due to the Covid-19 pandemic. The main application is adjourned for review in 3-4 months, pending further evidence and developments.

Citation
[2020] EWCOP 14
Parties
Applicant: TD; Applicant: BS; First Respondent: KD; Second Respondent: QD
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Court of Protection Application / Interlocutory Judgment on Adjournment and Jurisdiction
Outcome
Application adjourned for further review in 3-4 months; no substantive order made on return or best interests at this stage.
Legal Topics
Habitual Residence, Jurisdiction Under Mental Capacity Act 2005, Urgency in Protective Measures, Best Interests Decision, International Protection of Adults
Mental Capacity Private International Law Habitual Residence Jurisdiction Under Mental Capacity Act 2005 Urgency in Protective Measures Best Interests Decision International Protection of Adults

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Parties

TD

Applicant

BS

Applicant

KD

First Respondent

QD

Second Respondent

Procedural Posture

Court of Protection Application / Interlocutory Judgment on Adjournment and Jurisdiction

Legal Issues

  1. 1 Whether the English Court of Protection has jurisdiction to make substantive orders regarding QD's residence and care
  2. 2 Whether there is 'urgency' justifying exercise of jurisdiction under Schedule 3 para.7(1)(c) MCA 2005
  3. 3 Whether QD should be returned to Spain for proceedings there

Ratio Decidendi

The Court of Protection cannot exercise jurisdiction based on 'urgency' under Schedule 3 para.7(1)(c) MCA 2005 when implementation of any order would be indefinitely delayed due to the Covid-19 pandemic. The main application is adjourned for review in 3-4 months, pending further evidence and developments.

Court Disposition

Application adjourned for further review in 3-4 months; no substantive order made on return or best interests at this stage.

Orders

  • Main application adjourned to a date to be fixed for review in 3-4 months.
  • KD to file evidence regarding availability and suitability of care at Vista Al Mar in Spain.