Placement in England in Woman's Best Interests, Court Rules

In a decision it described as 'finely balanced', the Court of Protection recently ruled on whether it was in a woman's best interests to remain in her current placement in England or move to a new placement in Scotland, where she had previously lived and where her family were.

The woman had moderate intellectual disability, autism spectrum disorder and schizoaffective disorder. She had previously been detained under the Mental Health Act 1983 and was currently living in a supported living placement in the community, where she had made astonishing progress. However, a suitable placement had become available in Scotland. It was not disputed that she lacked capacity to make decisions for herself about where she should live, and the Court was therefore required to decide on her behalf whether it was in her best interests to move to Scotland.

The woman had benefited hugely from the care at her current placement. She had access to the community and took part in many activities, including dancing, swimming and attending events organised by her carers. However, her mother was finding it increasingly difficult to make the journey from Scotland to visit her. If she were to move, she would be nearer to her mother and the rest of her family, but she would struggle with the change and there was a risk that she would not respond well to her new carers and environment.

Her mother and brother stated that, in their view, she wanted to move to Scotland to be near her family. However, the evidence was that, if she was not asked about a possible change of residence, she did not raise the issue herself. The Court considered that her mother and brother had tried to persuade her to move to Scotland because they believed it was best for her, but their influence had made it harder to discern her true wishes and feelings. Assessing all the evidence, the Court found that her wish was to remain in her current placement in England.

The Court noted that there would be a loss to her whichever choice was made. Scotland was her home country and all her family lived there, and another opportunity to move back there might not arise for a number of years. However, she was happy in her current placement, and moving her risked a significant deterioration in her condition and welfare and would be contrary to her best interests.

Concluding that she should remain in her current placement, the Court expressed its regret that there was no solution that suited her family as well as her own best interests.