VE v AO & Ors [2020] EWCOP 23

​Application by the P's daughter for an order that it was in her mother's best interests to be allowed to leave the care home in which she was currently living and move to live with her daughter and her family. The court agreed that it was in the P's best interests that she should live with her daughter.

The P had terminal cancer and was living in a care home. Because of the Covid 19 crisis she wasn't allowed any visitors. The arguments before the court turned on the fact that the P had terminal cancer and was going to die within a relatively short time. Nobody argued that the court should not allow the P to leave the care home because of the risk of Covid 19, or that any possible public interest in not allowing her to move outweighed her best interests, or her article 8 rights. This judgment was solely about what was in the P's best interests in circumstances where she had terminal cancer and her family wanted her to die at home with them.

The court started with the basic proposition that most people would strongly wish to die with their family around them. Further, there was strong evidence that the P has enjoyed a close and loving relationship with her daughter and her family. The court therefore concluded that if the P was capable of expressing her wishes and feelings it was highly likely that she would say that she wished to leave the care home and spend the time left to her with her daughter. The P moved to live with her daughter and died 2 days later.

Read the full text of the judgment on Bailii