WCC v GS & Ors [2011] EWCOP 2244 (15 July 2011)

GS lacks capacity to make decisions regarding her care, residence, finances, and contact. It is in GS's best interests to remain at FCH, and contact with RS must be supervised and subject to a detailed contact schedule to protect GS and others.

Citation: [2011] EWCOP 2244
Parties: Applicant: WCC; First Respondent: GS; Second Respondent: RS; Third Respondent: JS
Jurisdiction: England and Wales
Judgment Date: 15 July 2011
Procedural Posture: Court of Protection / Final Hearing and Judgment
Outcome: Application granted in full.
Legal Topics: Mental Capacity Assessment, Best Interests Decision Making, Deprivation of Liberty, Contact With Family, Care Home Placement, Article 8 ECHR

Mental Capacity Health and Welfare Human Rights Mental Capacity Assessment Best Interests Decision Making Deprivation of Liberty Contact With Family Care Home Placement +1 more

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Parties

WCC

Applicant

First Respondent

Second Respondent

Third Respondent

Procedural Posture

Court of Protection / Final Hearing and Judgment

Legal Issues

1 Whether GS lacks capacity to make decisions regarding residence, care, finances, and contact
2 Where GS should live and whether she should remain at FCH
3 How contact between RS and GS should be managed

Ratio Decidendi

Court Disposition

Application granted in full.

Orders

GS shall remain resident at FCH unless hospitalisation is required for health reasons.
Contact between RS and GS shall be in accordance with the approved contact schedule, subject to supervision and safeguards.