London Borough of Islington v AA & Ors [2018] EWCOP 24

Applications by local authority seeking to return of a woman,  AA, suffering with schizophrenia and  cancer, to hospital care after she was removed by her brothers to live at the family home. 

HHJ Hilder found that the AA lacked capacity, despite conflicting medical evidence, and that the care at home was ‘bascially adequate’ by the time of these proceedings, though there had been problems in the past. She also finds that a raft of allegations made by the LA about the family home environment and care provided were, on the whole, not proven but that funds had been misused such that the LA was made appointee.

However when looking at AA’s best interests the judge concluded that the LA was not sufficiently accounting for AA’s wishes and feelings (she wished to remain at home). Therefore it was in AA’s best interests to remain at home with an intensive care package while a s49 MHA report is prepared concerning AA’s clinical condition.

Read the full judgment on Bailii.