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
Comments are closed.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
Support the Hub
This site is free to access but if you find it useful then please consider a contribution by way of support for our work. Click here to contribute.
Sign up for our free email alert
We do not share your details with any third parties and you can unsubscribe at any time
More from Bath Publishing
This site is published by Bath Publishing Limited
Manage your email preferences