VE v AO & Ors

It was in AO’s best interests, given her terminal cancer, close family relationship, and cultural background, to leave the care home and spend her last days with her family; adequate care could be provided at home, and no public health or Covid-19 risk was raised to outweigh her best interests or Article 8 rights.

Parties: Applicant: VE; First Respondent: AO; Second Respondent: The Royal Borough of Greenwich; Third Respondent: South East London CCG
Jurisdiction: England and Wales
Judgment Date: 05 May 2020
Procedural Posture: Personal Welfare Application / S.21 a Mental Capacity Act Challenge / Final Judgment
Outcome: Application granted; AO to leave care home and live with VE immediately.
Legal Topics: Best Interests, Deprivation of Liberty, Article 8 ECHR, End of Life Care, Covid 19 Protocols

Mental Capacity Family Law Human Rights Best Interests Deprivation of Liberty Article 8 ECHR End of Life Care Covid 19 Protocols

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Parties

Applicant

First Respondent

The Royal Borough of Greenwich

Second Respondent

South East London CCG

Third Respondent

Procedural Posture

Personal Welfare Application / S.21 a Mental Capacity Act Challenge / Final Judgment

Legal Issues

1 Whether it is in AO’s best interests to leave the care home and live with her family
2 Legality of AO’s deprivation of liberty under the Mental Capacity Act
3 Proportionality of interference with AO’s family life under Article 8 ECHR

Ratio Decidendi

Court Disposition

Application granted; AO to leave care home and live with VE immediately.

Orders

AO to move to live with VE and her family immediately.
Family member permitted to collect AO from care home under Health Protection (Coronavirus Restriction) Regulations 2020.