Stoke City Council v Maddocks [2013] EWHC 1137 (COP), [2013] MHLO 38

(1) As a result of his Alzheimer's Disease and vascular dementia, JM lacked capacity to litigate, or make decisions as to his residence, care plan, contact with his family, or dealing with his property and financial affairs. (2) It was in JM's best interests to remain at the AH care home; it was not in his best interests to be cared for by his daughter WM, either in the UK or Turkey, in particular because of her psychological profile and failure to provide a detailed proposed care plan. (3) In light of a recent development (JM had been taken out of the care home in breach of an injunction), contact by family members could be suspended, and resinstated at the discretion of the local authority. (4) A local authority deputy was appointed to sell the home and administer the finances, because if WM were deputy she would refuse to meet the local authority's fees. (5) JM's passport could not be returned to the family and would remain with the Official Solicitor until further review. (6) Any attempt to publicise the case would be a cruelty to JM. (7) The case would be reviewed on the first available date after 3 months, or earlier if a committal application is made by the local authority.

Related judgments

Stoke City Council v Maddocks [2012] EWHC B31 (COP), [2012] MHLO 111

Citations

On Bailii as SCC v LM & Ors [2013] EWHC 1137 (COP)! - but the first respondent was JM and no party 'LM' is mentioned in the transcript

External link

BAILII!