AB v CD (By The Official Solicitor) & Anor
[2024] EWCOP 32
Best interests decision-making for individuals lacking capacity.
Mental Capacity Act 2005 (MCA 2005)
Consideration of less restrictive options.
MCA 2005
Factors relevant to best interests assessment (wishes, feelings, beliefs, values, relevant circumstances).
MCA 2005
Weight given to P's wishes and feelings is case-specific.
TW v. Z and others [2009] EWCOP 2525
Court cannot create options not available; must choose between existing options.
Re: A Covert Medication: Residence [2024] EWCA (Civ) 572
Article 8 ECHR rights (right to respect for private and family life) must be considered.
European Convention on Human Rights
SF should remain at her current placement (X) in Northeast England.
While SF desires more family contact and Scotland is her home country, the court prioritizes her current stability and well-being at placement X, where she is thriving. The risk of disrupting her progress and causing distress outweighs the benefits of moving her closer to her family. Although contact with her family will reduce, the court considers this less significant than maintaining SF's current positive life.