The Health Service Executive of Ireland v IM & Anor (Rev 1) [2020] EWCOP 51

The court had to decide whether the P was habitually resident in the UK or Ireland. The court concluded that she was habitually resident in Ireland.

The P was 88 when she moved to Ireland with her grandson. Relatives and friends were informed of the move. The P's GP recorded that she was stressed and emotional and did not want to move to Ireland. However, he raised no concerns that the P lacked the capacity to decide to move. The court had to decide on the P's habitual residence to determine whether issues as to her health and welfare were matters for the Court of Protection or the High Court in Ireland.

The court concluded that the P was habitually resident in Ireland and therefore the Irish court should make decision as to her health and welfare. She had capacity to agree to the move, there was no evidence that she was pressured into moving by the grandson and she was now settled and content living in a care home in Ireland.

Read the full text of the judgment on Bailii