HC, Re
[2024] EWCOP 24
MA v Gateshead Council & Ors
19 June 2024
[2024] EWCOP 34 (T1)
Court of Protection
A 90-year-old woman with dementia wants to go home from her care home. Her family is split, and the court had to decide if it's safe. After weighing the risks and benefits, the judge said she can try living at home for two weeks to see if it works, keeping her spot in the care home open just in case.
Key Facts
- •MA is a 90-year-old woman with dementia.
- •MA has four sons and a daughter.
- •MA's attorneys believe she should remain in Placement 1 (care home).
- •MA's son SIA and daughter SA believe she should have a trial placement at home.
- •MA was admitted to hospital after a fall at home.
- •The case concerns whether a two-week trial placement at home with a care package is in MA's best interests.
Legal Principles
The court must determine whether MA lacks capacity to decide on her residence and care.
Mental Capacity Act 2005 (MCA 2005), section 48
The court must act in MA's best interests, considering her wishes, feelings, beliefs, values, and relevant circumstances.
MCA 2005, sections 1, 4, and 4A
The best interests test considers matters from the patient's point of view, but their wishes don't automatically prevail.
Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67
The court must balance potential gains against potential losses; only significant gains justify a decision.
Re A [2001] 1 FLR 549
The court's jurisdiction is limited to decisions a person cannot make for themselves; it cannot compel others to act.
N v ACCG and Others [2017] UKSC 22
Contact with family may be a crucial factor in best interests decisions.
Briggs v Briggs (Preliminary Issue) (No.1) [2017] EWCA Civ 1169
Wishes and feelings are significant but their weight is case-specific, considering capacity, strength, rationality, and implementability.
ITW v Z. M and Various Charities [2009] EWHC 2525 (Fam)
Decisions must avoid over-protection or paternalism, balancing safety with happiness and dignity.
Re KK; CC v KK [2012] EWHC 2136 (COP)
The least restrictive option should be chosen, and perfection isn't required.
A & B (Court of Protection: Delay and Costs) [2014] EWCOP 4
Article 8 ECHR (right to respect for private and family life) must be considered.
European Convention on Human Rights, Article 8
Outcomes
A two-week trial placement at home is authorised.
This is the least restrictive option, aligns with MA's past wishes and feelings, and allows a short-term test while maintaining her place at Placement 1.