VE v AO & Ors [2020] EWCOP 23 (05 May 2020)

VE v AO & Ors [2020] EWCOP 23 (05 May 2020)

It was in AO's best interests, given her terminal illness, close family relationships, cultural background, and the ability of her family to provide care, to leave the care home and spend her last days with her family. The move did not increase Covid-19 risk to others, and any necessary assessments or care could be arranged at home. The interference with her Article 8 rights by keeping her in the care home was not justified or proportionate in these circumstances.

Citation
[2020] EWCOP 23
Parties
Applicant: VE; First Respondent: AO (by her litigation friend, the Official Solicitor); Second Respondent: The Royal Borough of Greenwich; Third Respondent: South East London CCG
Jurisdiction
England and Wales
Judgment Date
05 May 2020
Procedural Posture
Court of Protection S.21 a Mental Capacity Act Challenge / Final Hearing and Judgment
Outcome
Application granted
Legal Topics
Best Interests, Deprivation of Liberty, Article 8 ECHR, End of Life Care, Covid 19 Protocols
Mental Capacity Human Rights Health and Social Care Best Interests Deprivation of Liberty Article 8 ECHR End of Life Care Covid 19 Protocols

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Parties

VE

Applicant

AO (by her litigation friend, the Official Solicitor)

First Respondent

The Royal Borough of Greenwich

Second Respondent

South East London CCG

Third Respondent

Procedural Posture

Court of Protection S.21 a Mental Capacity Act Challenge / Final Hearing and Judgment

Legal Issues

  1. 1 Whether it is in AO's best interests to leave the care home and live with her family
  2. 2 Whether the deprivation of AO's liberty at the care home is lawful under the Mental Capacity Act 2005
  3. 3 Whether the interference with AO's Article 8 ECHR rights is proportionate

Ratio Decidendi

It was in AO's best interests, given her terminal illness, close family relationships, cultural background, and the ability of her family to provide care, to leave the care home and spend her last days with her family. The move did not increase Covid-19 risk to others, and any necessary assessments or care could be arranged at home. The interference with her Article 8 rights by keeping her in the care home was not justified or proportionate in these circumstances.

Court Disposition

Application granted

Orders

  • AO to leave the care home (TO) and move to live with VE and her family immediately
  • Any necessary further assessments or care to be arranged at VE's home