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

Appeal against a decision which justified the P's deprivation of liberty was allowed.

The P is a 91 year old woman who lived in a care home having previously lived at her own home with a package of care which did not work out. When deciding where the P should live, the judge, using her summary power, dismissed an application from the P's litigation friend, the OS, that she should be allowed to return home. The OS appealed against this decision, arguing that, by failing to allow the parties to gather further evidence about the feasibility of a return home, the judge failed in her duty of ensuring that P’s interests and position were properly considered.

The court allowed the appeal. A process which began as vigorous and robust case management tipped over into a summary disposal that was essentially unfair.

Read the full text of the judgment on Bailii