A Local Authority v X [2016] EWCOP 44

The Patient, who was tetraplegic and currently residing in hospital, wanted to return home but the LA was unable and unwilling to fund the cost of this. At this hearing, Mr Justice Holman questioned the relevance of a further hearing to determine whether or not the Patient had capacity to decide on his living arrangements, especially with regard to the cost to the state - the question of the capacity of the Patient to make decisions with regard to his care may be a very abstract one since he may have very little room for capacitous choice.

​Read the full text of the judgment on Bailii