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Family Law

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13 JUL 2012

JURISDICTION:Re M [2011] EWHC 3590 (COP), [2012] COPLR 430

(Court of Protection, Mostyn J, 21 December 2011)

The Irish High Court determined that the young man required placement and treatment at a psychiatric unit in England as no such placement was available in Ireland and ordered the man’s transfer and detention at the unit. The Health Services Executive of Ireland applied to the Court of Protection for recognition and enforcement of the order under Part 4 of Sch 3 to the Mental Capacity Act 2005.

The Court of Protection made a declaration recognising and making provision for the enforcement of the Irish order and held that recognition of the order was mandatory as a ‘protective measure’ for the purposes of para 19(1) of Sch 3 to the MCA 2005 as the man was habitually resident in the Republic of Ireland at the time it was taken. None of the exceptions of s 19(3) and 19(4) of the MCA 2005 applied in this case.

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