Aberdeenshire Council v SF (2023) EWCOP 28

Habitual residence A Scottish patient was transferred to an English psychiatric hospital in 2015, was fit for discharge in 2017, and was eventually discharged in 2022 to a placement in England because nothing could be found in Scotland. Aberdeenshire Council sought to have a Scottish Guardianship Order recognised and enforced in England. All parties agreed that she was habitually resident in Scotland; this judgment sets out the law and explains why the judge agreed.

Essex

This case has been summarised on page 33 of 39 Essex Chambers, 'Mental Capacity Report' (issue 133, July 2023).

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Foreign protective measure cases🔍

Date: 30/6/23🔍

Court: Court of Protection🔍

Judicial history:

• Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3)
• Aberdeenshire Council v SF (No 3) (Change of Habitual Residence) [2024] EWCOP 74 (T3)
• Aberdeenshire Council v SF (No 2) [2024] EWCOP 10
• Aberdeenshire Council v SF [2023] EWCOP 28

Judge(s):

• Poole🔍

Parties:

• Aberdeenshire Council🔍
• SF🔍
• EF🔍
• Sunderland City Council🔍

Citation number(s):

• [2023] EWCOP 28^B

What links here:

• Updates
• 39 Essex Chambers, 'Mental Capacity Report' (issue 133, July 2023)
• Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3)
• Aberdeenshire Council v SF (No 2) [2024] EWCOP 10
• Aberdeenshire Council v SF (No 3) (Change of Habitual Residence) [2024] EWCOP 74 (T3)

Published: 3/7/23 12:03

Cached: 2025-06-17 10:57:46