Judgments

K v LBX [2012] EWCA Civ 79

Appeal against an order authorising a trial placement in a supported living facility near to the family home. Consideration as to whether the Art 8 right to respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford priority to the placement of an incapacitated adult in his or her family or whether family life is simply one of “all the relevant circumstances” which under the Mental Capacity Act 2005, s.4, the court is bound to consider.

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