London Borough of Tower Hamlets v A & Anor [2020] EWCOP 21

​The court had to decide if the P has capacity to make the decision as to whether she should continue to live in residential care or return to live in her own flat with a care package.

The P, a 69 year old woman suffering from Korsakoff's dementia, currently resides in C Care Home. The issues for determination in this matter at this point were: a) whether the P presently has capacity to decide for herself where she lives (it being agreed that she lacks capacity to decide how she is cared for); and b) if she lacks capacity to decide where she lives, is a trial period of returning to live at home with a care package in her best interests? The options before the court are either that the P returns to live in her flat with a care package (initially on a trial basis), or that she remains living at C Care Home.

The court was satisfied that the P presently has capacity to decide for herself whether to remain living at C Care Home or to return to her flat with a package of care for a trial period, notwithstanding the diagnoses of impairment of or disturbance in the functioning of her mind or brain.

Read the full text of the judgment on Bailii