MA v Gateshead Council & Ors [2024] EWCOP 34

Contested hearing to determine whether it is in MA's best interests to have a trial placement back at her home together with a package of care.

MA is a 90 year old lady who has a diagnosis of Dementia. She has 4 sons (TA, DA, MAA, SIA) and a daughter SA. She was admitted to hospital in June 2023 following a fall and has been in a placement since then. Three of the sons, acting as attorneys, believe MA should stay at the placement while SIA and SA think she should be allowed a trial placement at home, reflecting MA's wishes. There was no issue concerning capacity.

Judge Simpson reviews the law on best interests and analyses comments of Munby LJ on the balance between safety and happiness. He also cites Peter Jackson J in A & B that any solution need not be perfect. After reviewing the evidence of the SIA, TA and DA, who all agreed MA wished to try a home placement but that also she was well cared for at the placement, he sets out a table showing the pros and cons of each option before deciding at [68] to allow the trial at home, partly as it would be the 'least restriction option' 

Read the judgment on Bailii