A second judgment has been published in a Court of Protection case concerning restrictions imposed by a care home on visitors during COVID-19 lockdown. Scott Storey remotely appeared for Surrey County Council before the Vice President of the Court of Protection, the Honourable Mr Justice Hayden. The post relating to the first judgment can be read here.
The Vice President had previously been unable to accede to an application by BP’s daughter and litigation friend for BP to return home into her care. Following the first judgment, BP’s presentation changed and carers were identified to assist BP’s daughter in caring for him at home. In light of this, the parties agreed that BP should return home.
A further issue arose in respect of a forthcoming mental capacity assessment due to the assessor feeling unable to assess BP’s capacity using remote means. The Vice President reiterated previous guidance that “creative use of the limited options available can deliver the information required to determine questions of capacity’”.
The Vice President also clarified that only a “High Contracting Party” can derogate from the European Convention on Human Rights and that the court previously intended to notify the government, so that they might decide whether to issue a notification of derogation.
The second judgment can be read on BAILII here.