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Mental Capacity Cases
Case Study 3
LE was the mother of P, her impaired adult son, and P wished to return to live with LE. An IMCA appointed stated that despite P’s wishes it was in his best interests to live away from LE. Unfortunately LE had a small income and her means were disputed by the Legal Aid Agency for many months preventing her issuing proceedings. Shortly after legal aid had finally been granted, after substantial pro bono work, proceedings were then issued. P then decided he would go AWOL from his placement and return to LE. The local authority considered making an application for his return but were aware that LE had legal aid and required any application to be made on notice within the proceedings. LE argued that P(1) had capacity to make decisions as to residence and (2) that, if he was found to lack capacity as his wishes were so strong he should remain at LE’s home whilst being monitored. The court decided that, notwithstanding the local authority’s earlier concerns, that whilst they agreed P lacked capacity it was in his best interests that he should be allowed to remain with LE. Subsequently proceedings were discontinued with P living with LE with enhanced local authority support. Richard Charlton acted for LE in this case.
Case Study 4
Case Study 5
In the case of KL, P was very clear she wanted to leave the care home to live in her existing home nearby. The care home recognised that P was being detained and had authorised by detention under the MCA. There was a dispute amongst the family as to where it was in her best interests to live. The IMCA wanted P to remain in a care home and did not want to support an application to the Court of Protection. Finally one member of the family made an application under s21A and was criticised for this for this by other parties, including the local authority. Ultimately the Official Solicitor took over the case and an independent report recommended her return home. The case has yet to be finally concluded. Richard Charlton acted for P and the Official Solicitor in this case.
Case Study 6
In the case of PL, P was a young adult impaired from birth. She stayed with her mother at weekends and stayed within the local authority funded facility during the week. Safeguarding concerns, most of which were later disproved following fact-finding, arose for the local authority regarding contact with her mother. The local authority then halted all contact but made no application initially to the court. An appointed IMCA supported the lack of any application. The mother then, following much pro bono work by the solicitor, raised funds to make an application to the court (she not did qualify for legal aid), and the Official Solicitor then took on the role to represent P. Following detailed fact-finding and trial visits, staying contact for P and PL resumed as before. Richard Charlton acted for PL.