MM (A Patient)

MM (A Patient)

The mandatory order against Ms Kirk is set aside by consent as it has become otiose and futile; further attempts at coercion are not in MM’s best interests and would not achieve his return. The welfare issues should be revisited at first instance based on current evidence.

Parties
Appellant: Teresa Kirk; Respondent: Devon County Council; Respondent: MM (by his litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
30 January 2017
Procedural Posture
Civil Appeal / Appeal From Court of Protection Order; Consent Order on Appeal
Outcome
Appeal allowed by consent; paragraph 7 of the order set aside; costs to be determined as per consent order.
Legal Topics
Court of Protection, Best Interests, Contempt of Court, Enforcement of Orders, International Protection of Adults
Mental Capacity Family Law Civil Procedure Court of Protection Best Interests Contempt of Court Enforcement of Orders International Protection of Adults

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Parties

Teresa Kirk

Appellant

Devon County Council

Respondent

MM (by his litigation friend the Official Solicitor)

Respondent

Procedural Posture

Civil Appeal / Appeal From Court of Protection Order; Consent Order on Appeal

Legal Issues

  1. 1 Whether it was in MM’s best interests to make a mandatory order against Ms Kirk to secure MM’s return to England
  2. 2 Whether alternative methods existed to achieve MM’s repatriation without requiring Ms Kirk’s compliance
  3. 3 Whether the mandatory order should be set aside as futile and otiose

Ratio Decidendi

The mandatory order against Ms Kirk is set aside by consent as it has become otiose and futile; further attempts at coercion are not in MM’s best interests and would not achieve his return. The welfare issues should be revisited at first instance based on current evidence.

Court Disposition

Appeal allowed by consent; paragraph 7 of the order set aside; costs to be determined as per consent order.

Orders

  • Paragraph 7 of the order of 20 June 2016 is set aside.
  • Costs of the appeal to be determined on written submissions.