KG (Capacity) [2021] EWCOP 30

Hearing to determine whether the P had capacity to decide on his future residence and care.

The P has been living in a hospital since 2016 and was extremely reluctant to leave it to stay at a residential home near to his family. This hearing was to determine whether he had capacity to determine where he should live.

The court concluded that even though the P has been able to understand the issues around his future residence and care, and can articulate/communicate reasonable objections to a proposed move from the hospital, he was unable to retain abstract information about his future potential residence arrangements and care needs even when encouraged to do so, and is further unable to use and weigh the information relevant to the decision about his future residence and care. The CCG and LA were instructed to file evidence answering certain relevant questions, in particular whether there were any alternatives to the care home the P was resistant to live at.

Read the full text of the judgment on Bailii