IH (Observance of Muslim Practice) [2017] EWCOP 9 (12 June 2017)

IH (Observance of Muslim Practice) [2017] EWCOP 9 (12 June 2017)

Given IH's lifelong lack of capacity, absence of understanding of religious significance, exemption from religious obligations under Islamic law, and the risk of harm or distress from hair trimming or fasting, it is not in IH's best interests to fast during Ramadan or to have his pubic and axillary hair trimmed in...

Source-derived case information.

Citation
[2017] EWCOP 9
Parties
Subject: IH; Applicant: TH (IH's father); Respondent: Local Authority; Respondent: Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
12 June 2017
Procedural Posture
Court of Protection Application / Final Judgment
Outcome
Declarations granted: IH is not required to fast during Ramadan; it is not in IH's best interests for his pubic and axillary hair to be trimmed in accordance with Islamic custom.
Legal Topics
Best Interests Decision Making, Religious Observance and Incapacity, Care of Adults Lacking Capacity, Freedom of Religion, Personal Care and Dignity
Mental Capacity Law Health and Social Care Law Human Rights Law Best Interests Decision Making Religious Observance and Incapacity Care of Adults Lacking Capacity Freedom of Religion Personal Care and Dignity

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Parties

IH

Subject

TH (IH's father)

Applicant

Local Authority

Respondent

Clinical Commissioning Group

Respondent

Procedural Posture

Court of Protection Application / Final Judgment

Legal Issues

  1. 1 Whether it is in IH's best interests to fast during Ramadan given his lack of capacity
  2. 2 Whether it is in IH's best interests for his pubic and axillary hair to be trimmed in accordance with Islamic custom

Ratio Decidendi

Given IH's lifelong lack of capacity, absence of understanding of religious significance, exemption from religious obligations under Islamic law, and the risk of harm or distress from hair trimming or fasting, it is not in IH's best interests to fast during Ramadan or to have his pubic and axillary hair trimmed in accordance with Islamic custom.

Court Disposition

Declarations granted: IH is not required to fast during Ramadan; it is not in IH's best interests for his pubic and axillary hair to be trimmed in accordance with Islamic custom.

Orders

  • Declaration that IH need not fast during Ramadan or at all.
  • Declaration that it is not in IH's best interests for his pubic and axillary hair to be trimmed in accordance with Islamic custom.