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Application by the P's daughter to achieve his discharge from the care home where he is presently living and a declaration that it is in his best interest to be returned to his home with an appropriate package of support. The application was generated by the decision of the P's care home to suspend all visits from any family members because of the coronavirus pandemic. It was contended that this application was urgent because the current constrictions imposed by this care home was said to constitute an unlawful interference with the P's rights, guaranteed by Articles 5 and 8 ECHR.
The court decided that the P should remain at the care home and the outstanding capacity assessment could be undertaken via Skype or facetime. Read the full text of the judgment on Bailii Comments are closed.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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