NP, Re [2020] EWCOP 44

The court had to decide whether the P, who was about to be discharged from a neuro-rehabilitation unit, should live in the marital home or a residential care home. A marital home trial was agreed.

The P has diagnoses of neurological sequelae of herpesviral encephalitis and personality change due to known psychological condition. On 2 December 2018 he collapsed at home and had to be hospitalised. On 4 February 2019 he was transferred to the neuro-rehabilitation unit where he currently resides. The neuro-rehabilitation unit considered that the P’s recovery had ‘plateaued’ and was not going to be receiving further physiotherapy or occupational therapy. He was therefore medically fit for discharge. The issue arose as to where the P should be discharged, the Council believing his needs would be best met in a residential care home and his wife wishing him to return home with a package of care.

The court agreed that a trial period in the marital home would be the best option, concluding that there was not such a level of risk in the trial as to prevent the court from considering it to be in the best interests of the P to attempt the same.

Read the full text of the judgment on Bailii