The court was asked whether or not ECHR Art 8 respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford a priority to placement of an incapacitated adult in their family or whether family life is simply one of ‘all the relevant circumstances’ which under MCA 2005 S4 the court must consider.
Judges:
Thorpe, Black, Davis LJJ
Citations:
[2012] EWCA Civ 79
Links:
Statutes:
Mental Capacity Act 2005, European Convention on Human Rights 8
Jurisdiction:
England and Wales
Health, Human Rights
Updated: 03 April 2022; Ref: scu.450976
