WCC v GS & Ors

WCC v GS & Ors

GS lacks capacity to make decisions regarding her care, residence, and contact due to irreversible dementia; it is in her best interests to remain at FCH; contact with RS must be supervised and subject to conditions to protect GS and others.

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 Judgment
Outcome
GS found to lack capacity; residence at FCH ordered; supervised contact schedule for RS approved.
Legal Topics
Best Interests, Capacity Assessment, Deprivation of Liberty, Contact Arrangements, Care Home Placement
Mental Capacity Adult Social Care Human Rights Best Interests Capacity Assessment Deprivation of Liberty Contact Arrangements Care Home Placement

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Parties

WCC

Applicant

GS

First Respondent

RS

Second Respondent

JS

Third Respondent

Procedural Posture

Court of Protection / Final Judgment

Legal Issues

  1. 1 Does GS lack capacity to manage her finances, decide residence, care, and contact?
  2. 2 Should GS remain at FCH or be moved?
  3. 3 How should contact between RS and GS be managed?

Ratio Decidendi

GS lacks capacity to make decisions regarding her care, residence, and contact due to irreversible dementia; it is in her best interests to remain at FCH; contact with RS must be supervised and subject to conditions to protect GS and others.

Court Disposition

GS found to lack capacity; residence at FCH ordered; supervised contact schedule for RS approved.

Orders

  • GS shall remain at FCH unless hospitalisation is required.
  • Contact between RS and GS shall be supervised and subject to the approved schedule.