Re KK; CC v KK [2012] EWHC 2136 (COP), [2012] MHLO 89

KK was moved to a care home against her wishes, subject to a DOLS standard authorisation, and appealed under MCA 2005 s21A. (1) Having heard her oral evidence, the judge disagreed with the unanimous expert evidence that she lacked capacity to make decisions about her residence and care. (2) In light of the case law and the facts of the case, she had not been deprived of her liberty.


Hearing: 17/5/12 and 18/5/12

Judgment: 26/07/12

Before: Baker J

Michael Dooley, Solicitor, of the Local Authority's Legal Services Unit for the Applicant

Leonie Hirst (instructed by Conroys) for the 1st Respondent

The 2nd Respondent was not present or represented


Wrongly on Bailii as: KK v STCC

External links


Mithran Samuel, 'Social workers given legal advice on Mental Capacity Act' (Community Care, 1/3/13)