CB v Medway Council & Anor (Appeal) [2019] EWCOP 5

P was 91 years old and had been living in a care home since September 2017. She had previously lived in her own home with a package of care, however this had not worked out. She objected to being deprived of her liberty and an application was made on her behalf to the Court of Protection by the Official Solicitor.

Medway Council agreed to establish the feasibility and costs of a live-in carer, however, before any evidence was filed, the judge summarily dismissed the application. The Official Solicitor appealed the decision.

Hayden J allowed the appeal, stating that what was involved was nothing less than P’s liberty. “Curtailing, restricting or depriving any adult of such a fundamental freedom will always require cogent evidence and proper enquiry. I cannot envisage any circumstances where it would be right to determine such issues on the basis of speculation and general experience in other cases”.

The full judgment can be read here.

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