A Primary Care Trust v P (2009) EW Misc 10 (EWCOP)
(1) P lacked capacity to decide where and with whom he should reside. (2) The removal of P from AH's care at home, as a manifest breach of Article 8, could only be proportionate if the best interests of P compellingly required it. (3) It was in P's best interests to be moved to independent living accommodation. (4) There would be a deprivation of liberty due to (a) the degree of control to be exercised by staff, (b) the constraint on P leaving if he intends to return to AH, (c) the power to refuse a request from AH for P's return, (d) the restraints on contact, (e) the fairly high degree of supervision and control. (5) Directions were given in relation to the conduct of further court reviews. (6) Contact would be dealt with separately in an Order.
Extempore judgment: 21/12/09
Published on Bailii: 14/9/10
Before: Hedley J
Fenella Morris (instructed by Hempsons) for the Applicant
Joseph O'Brien (instructed by Langleys Solicitors acting for the Official Solicitor) for the First Respondent
Aswini Weereratne (instructed by Bindmans LLP) for the Second Respondent
H Harrop-Griffiths (instructed by LA Legal Department) for the Third Respondent
The PCT, AH and a Local Authority  EW Misc 10 (EWCOP), COP case no 11531312
- Jerome Taylor, 'Secretive court opens doors to journalists', Independent 9/12/10 and Leading article, 'A wall of secrecy around our courts is crumbling', Independent 9/12/10. On 8/12/10 Hedley J ruled that the media should be permitted to attend a hearing relating to this case.