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Family Law

The leading authority on all aspects of family law

25 MAY 2012

WELFARE:PH v A Local Authority and Z Limited and R [2011] EWHC 1704 (Fam), [2012] COPLR 128

(Court of Protection, Baker J, 30 June 2011)

The 49-year-old man suffered from Huntindon's disease and had been cared for by his wife in the community. When his condition deteriorated he was placed in a residential care home and was told it was a temporary placement. In fact it was a permanent arrangement. The man issued proceedings to challenge the standard authorisation put in place by the local authority under Sch A1 to the Mental Capacity Act 2005.

An independent psychiatrist reported that the man had capacity to decide where he should live but his treating psychiatrist, social worker and two GPs who had assessed the man determined that he lacked capacity in that regard.

In finding that the man lacked capacity to determine where he should live the judge found that the man lacked the ability to understand retain and weigh salient information about such decisions.

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