View source for DH summary of Re Brammall; W Primary Care Trust v TB (2009) EWHC 1737 (Fam)

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'''Background'''

TB was in V, a care home, and wished to be placed in an NHS hospital in order for the recommended neuro-psychiatric assessment and neuro-behavioural treatment to be carried out. Whether this course of action was considered to be in her best interests was disputed.

On 9 April 2009, TB was made the subject of an urgent authorisation to be deprived of her liberty. In the subsequent assessment for a standard authorisation, the eligibility assessor questioned whether she was ineligible to be dealt with via the MCA DOLS as her circumstances fell more properly within the scope of the Mental Health Act 1983.

'''Outcome'''

The Court of Protection found that TB was eligible to be deprived of her liberty by the Safeguards, if it were in her best interests to do so, as she was not a mental health patient as defined under schedule 1A of the Mental Capacity Act 2005, because the authorisation related to a care home which was not a hospital within the meaning of Pt 2 of the Mental Health Act ( see s.145(1) Mental Health Act).

This decision confirms the guidance provided in the MCA DOLS Code of Practice for determining the eligibility assessment.
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