UR, Re (Rev 1) [2021] EWCOP 10 (28 January 2021)

UR, Re (Rev 1) [2021] EWCOP 10 (28 January 2021)

It is in UR's best interests to move to live with her family in Poland, as this accords with her consistently expressed wishes, beliefs, values, and family support, and the move is feasible with appropriate care arrangements. The qualifying requirements for deprivation of liberty are no longer met, and the move is lawful under COVID-19 regulations.

Citation
[2021] EWCOP 10
Parties
Applicant: UR; 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
Court of Protection Section 21 a MCA 2005 Application / Final Judgment
Outcome
Application granted; best interests declaration made.
Legal Topics
Best Interests Decision Making, Deprivation of Liberty, Cross Border Welfare Placements, Article 5 and 8 ECHR Rights, COVID 19 Restrictions and Exemptions
Mental Capacity Law Health and Social Care Law Human Rights Law Best Interests Decision Making Deprivation of Liberty Cross Border Welfare Placements Article 5 and 8 ECHR Rights COVID 19 Restrictions and Exemptions

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Parties

UR

Applicant

Derby City Council

1st Respondent

NHS Derby and Derbyshire Clinical Commissioning Group

2nd Respondent

Procedural Posture

Court of Protection Section 21 a MCA 2005 Application / Final Judgment

Legal Issues

  1. 1 Whether it is in UR's best interests to move from a care home in England to live with her family in Poland
  2. 2 Whether the qualifying requirements for deprivation of liberty under Schedule A1 MCA 2005 are met
  3. 3 Whether the move is lawful under COVID-19 regulations

Ratio Decidendi

It is in UR's best interests to move to live with her family in Poland, as this accords with her consistently expressed wishes, beliefs, values, and family support, and the move is feasible with appropriate care arrangements. The qualifying requirements for deprivation of liberty are no longer met, and the move is lawful under COVID-19 regulations.

Court Disposition

Application granted; best interests declaration made.

Orders

  • It is declared to be in UR's best interests to move to live with her family in Poland.
  • The deprivation of liberty authorisation is terminated.