Wiltshire County Council v RB & Ors [2023] EWCOP 26

Appeal against earlier decision that RB lacked capacity to consent to her discharge from hospital and decide on her personal care.

RB, who has a diagnosis of ASD, had a history of admissions under the MHA that led to her being hospitalised on a psychiatric ward for two years. She was discharged in January 2023 to a bungalow with 24/7 care but she was deeply unhappy there and attempted to strangle herself. She subsequently contacted the emergency services and was admitted to a general hospital. She was adamant that she did not wish to return to the bungalow but remaining in hospital was not an option and so the proceedings subject to this appeal commenced.

Peel J allows the three grounds of appeal because the judge had erred as, in summary, she had wrongly conflated the issues of discharge and accommodation which needed to be assessed on their separate merits. She had also not given sufficient weight to some factors and the decision about personal care was not adequately reasoned.

Read the judgment on Bailii