Source: All England Reporter
Publisher Citation: [2012] All ER (D) 61 (Feb)
Neutral Citation: [2012] EWCA Civ 79
Court: Court of Appeal, Civil Division
Judge: Thorpe, Black and Davis LJJ
Representation Nick Armstrong for the father.
  Hilton Harrop-Griffiths for the authority.
  Victoria Butler-Cole for the Official Solicitor as L's litigation friend.
Judgment Dates: 8 February 2012

Catchwords

Mental health - Persons who lack capacity - Mental capacity - Incapacitated adult - Vulnerable adult, L, with IQ of 59 - Local authority wanting L to live in supported accommodation away from family home - Father objecting - Court determining L to live in supported accommodation for trial period - Father appealing - Whether priority to be given to placement within family or whether family life one of relevant factors for consideration - European Convention on Human Rights, art 8.

The Case

Mental health Persons who lack capacity. The Court of Appeal, Civil Division, in dismissing an appeal against an order that an incapacitated adult live in supported accommodation for a trial period, held that the correct approach of the judge in cases under the was to ascertain the best interests of the incapacitated adult on the application of the checklist contained in s4 of that Act. The judge should then ask whether the resulting conclusion amounted to a violation of rights under art 8 of the Convention and whether that violation was nonetheless necessary and proportionate.

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