View source for DH summary of DCC v KH (2009) COP 11729380

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'''Background'''

KH, who was placed in AH under a Standard Authorisation under MCA DOLS, is the subject of an order that permits increasing levels of contact between him and his mother. He had indicated that he might not return to AH from a contact visit to his mother’s home. The local authority sought a declaration that would permit the necessary restraint to return him to AH if in the event he refused to go.

'''Outcome'''

The Court of Protection found that a declaration in these circumstances was not required.

In paragraph 10 of the judgment, the Court supported the view of the Official Solicitor that a Standard Authorisation when in force is said to be sufficient protection for the return of a person to the care home or hospital, where the deprivation of liberty has been authorised, without any additional authority. It also agreed with the Official Solicitor that paragraphs 2.14 and 2.15 of the DOLS Code were addressed to the situation where there is not yet an authorisation in force.

This judgment suggests that permission from the Court is not required when returning somebody who may be resisting to the place where there is a Standard Authorisation for him or her to be deprived of his or her liberty. This also fits with the guidance in the Code at paragraph 2.14 and 2.15 that addresses the situation where no authorisation is yet in place at all. As the Code provides "In almost all cases, it is likely that a person can be lawfully taken to a hospital or care home under the wider provisions of the Act, as long as it is considered that being in the hospital or care home will be in their best interests."
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