It was in the best interests of an elderly lady suffering from dementia to remain at a residential home, rather than be returned home to live with her daughter (who was assisted by a McKenzie Friend, whose role was the subject of consideration by the Court)

Related judgments

A Council v X (2010) EWHC B10 (COP)

• HBCC v LG (2010) EWHC 1527 (Fam)

Summary and commentary

This case, concerning whether an elderly lady, LG, should remain at a residential home or be returned home to live with her a daughter, is primarily of interest as a case study in why the new guidance upon McKenzie Friends issued by the President (see link below) is so timely. Formally, that guidance is not stated to apply in the Court of Protection, but it is overwhelmingly likely that the Court of Protection will adopt it in the manner that Eleanor King J adopted the earlier guidance in this case. In this case, the McKenzie Friend in question strayed very considerably beyond the wide latitude given him by the Court and was the subject of some polite but pointed criticism by the learned judge.

Of note otherwise is that Eleanor King J made it clear that she considered that the analysis of the role of Article 8 conducted under the inherent jurisdiction in Re F (Adult Patient: Court's Jurisdiction) (2000) EWCA Civ 192, [2000] 2 FLR 512 and Re S (Adult Patient) (Inherent Jurisdiction: Family Life); Sheffield City Council v S (2002) EWHC 2278 (Fam), [2003] 1 FLR 292 held true when considering the position under the MCA 2005. This is not a surprising proposition, but it is helpful to have judicial guidance upon the point.

Without any disrespect to the Court, the case itself contains little of wider importance other than representing a careful application of conventional legal principles (conveniently summarised at paragraphs 33-43) to the very sad facts of a case in which the daughter of P struggled with very substantial difficulties herself and whose conduct of the litigation (in person) clearly called for some very careful judicial management.

Citations

[2011] 1 FLR 463

External links

Bailii - No transcript on Bailii at time of writing

Transcript

Practice Guidance: McKenzie Friends (Civil and Family Courts) (12/7/10)