UR, Re (Rev 1)

UR, Re (Rev 1)

It is in UR's best interests to relocate to Poland and reside with her family, as this aligns with her consistent wishes, beliefs, and values, and is supported by professional assessments. The best interests qualifying requirement for deprivation of liberty is not met for continued residence at the care home. The transition plan complies with COVID-19 regulations and necessary practical arrangements have been made.

Parties
Applicant: UR; Litigation Friend: Official Solicitor; 1st Respondent: Derby City Council; 2nd Respondent: NHS Derby and Derbyshire Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
28 January 2021
Procedural Posture
Section 21 a Application Under the Mental Capacity Act 2005 / Final Judgment and Orders
Outcome
Application granted; UR authorised to relocate to Poland; deprivation of liberty authorisation terminated.
Legal Topics
Best Interests, Deprivation of Liberty, Habitual Residence, COVID 19 Regulations, Personal Welfare, Cross Border Relocation
Mental Capacity Health Law Human Rights Cross Border Jurisdiction Best Interests Deprivation of Liberty Habitual Residence COVID 19 Regulations +2 more

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Parties

UR

Applicant

Official Solicitor

Litigation Friend

Derby City Council

1st Respondent

NHS Derby and Derbyshire Clinical Commissioning Group

2nd Respondent

Procedural Posture

Section 21 a Application Under the Mental Capacity Act 2005 / Final Judgment and Orders

Legal Issues

  1. 1 Whether it is in UR's best interests to relocate to Poland and reside with her family
  2. 2 Whether the best interests qualifying requirement for deprivation of liberty is met
  3. 3 Whether the transition plan complies with COVID-19 regulations

Ratio Decidendi

It is in UR's best interests to relocate to Poland and reside with her family, as this aligns with her consistent wishes, beliefs, and values, and is supported by professional assessments. The best interests qualifying requirement for deprivation of liberty is not met for continued residence at the care home. The transition plan complies with COVID-19 regulations and necessary practical arrangements have been made.

Court Disposition

Application granted; UR authorised to relocate to Poland; deprivation of liberty authorisation terminated.

Orders

  • Declaration that it is lawful and in UR's best interests to be transported from AL Nursing Home to East Midlands Airport and reside with her sister and niece in Poland.
  • Authorisation of deprivation of liberty during transportation if necessary.