E, now aged 19, suffered a genetic condition leading to severe learning disability, and a lack of mental capacity. After being in the care of F, but displaying potentially violent behaviours, he was removed against his and F’s will to the care of the local authority. G, his sister had applied for his return home, or to F. An order had been made that pending a review and arrangements for his return, E should stay with the local authority. G now renewed her application for permission to appeal.
Held: Permission was granted on several grounds, and the court expressed a strong desire that it should be listed urgently.
Judges:
Lord Neuberger MR, Munby LJ
Citations:
[2010] EWCA Civ 548
Links:
Statutes:
European Convention on Human Rights 5 8
Jurisdiction:
England and Wales
Citing:
Appeal From – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Cited – Winterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Cited by:
Leave to appeal – G v E and Others CA 16-Jul-2010
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 19 August 2022; Ref: scu.416783