B Borough Council v S & Anor

Mark de Souza (instructed by BBC) for the Applicant Barbara Hewson (instructed by Fisher Meridith) for the First Respondent Angela Hodes (instructed by the Official Solicitor) for the Second Respondent Hearing date: 31 July 2006 ____________________

i) preventing the move of Mr S to K hospital and thereafter from removing or seeking to remove him from K hospital and from requesting or encouraging anyone else to remove him from K hospital, and

ii) interfering with the arrangements made by the claimant for the care of Mr S at K hospital and in particular that she must not (a) enter or attempt to enter K hospital without the prior written agreement of the claimant's social services department, and (b) attempt to see Mr S at K hospital except at times agreed in writing with the claimant's social services department and all such contact to be in the presence of an employee of the claimant social services.

i) that Mr S lacks the capacity to make decisions relating to where he should live and the arrangements for his contact with others;

ii) it is unlawful, being contrary to the best interests of Mr S, for the parties to arrange for him to be accommodated other than at K hospital or at such nursing home registered to care for the Elderly Mentally Infirm as may be agreed between the parties; and