Case Update: MA v Gateshead Council & Ors [2024] EWCOP 34
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26/06/2024
Case Update: MA v Gateshead Council & Ors [2024] EWCOP 34
In the Court of Protection before DJ Simpson
s21A of the Mental Capacity Act 2005
The facts of the case were that MA is a 90 year old woman with dementia living in a care home, subject to a standard authorisation pursuant to the Deprivation of Liberty Safeguards (DoLS) regime.
Lasting Power of Attorneys (LPA’s) for both health and welfare, and property and affairs, appointed three of MA’s children as her attorneys.
There was a dispute about whether MA should remain in the care home (which was the view of MA’s attorneys and the local authority, Gateshead Council), or whether she should have a 2-week trial placement in her own home with a package of care (which was the view of MA’s other children – who were not her attorneys – as well as MA’s own wish).
There was no dispute that MA lacked capacity to make decisions about her care and residence.
Adrian Francis appeared on behalf of the Official Solicitor and submitted on behalf of MA, that MA’s wishes and feelings should be the factor of “magnetic importance”, with reference to Mr Justice Munby’s observations in ITW v Z & Ors [2009] EWHC 2525 (Fam).
The local authority however opposed and focussed on Mr Justice Munby’s comments in the same case which made clear that, whilst P’s wishes and feelings will always be a significant factor, the weight to be attached to them is case-specific.
JudgmenT
Having undertaken a balance sheet exercise of the advantages and disadvantages of each option, the court concluded a trial placement at home would be the least restrictive option and accord with MA’s wishes, and it was therefore authorised in her best interests..
For the full judgment, please see: MA v Gateshead Council & Ors [2024] EWCOP 34
