London Borough of X v MR & Ors [2022] EWCOP 1

Judgment regarding whether it is in MR’s best interests to be moved to a Jewish care home. MR has dementia and is subject to a deprivation of liberty order.

MR had been moved to his current care home after he was discharged from hospital in the first stage of the Covid pandemic so an assessment as to whether he should go to a Jewish care home was not undertaken at that time. The judge was faced with opposing views from family members as to what the best interests of MR were and had to balance what MR’s wishes regarding his Judaism would have been had he still had capacity. The Official Solicitor was not ‘violently opposed’ to a move and all agreed that MR lacked capacity to decide where he should live.. 

DJ Eldergill reviews the evidence from the clinical staff and from religious leaders who, as well as confirming MR’s involvement in the Jewish community, give some insight into how the practice of Judaism interacts with mental capacity [85]. He then concludes [99] that, given MR may only have months to live wherever he is cared for, 

“it is likely that he will benefit from the familiar religious and communal activities at T Care Home, although he would be unable to put into words why it pleases him. This gives him the best opportunity to enjoy or gain satisfaction from what life is left to him and the likely benefits outweigh the likely risks.”

Read the judgment on Bailii