Bon Voyage Peggy & Norman

30.01.12 | |

Following early coverage by the TV media in Wales the UK national press (click here to view) have been reporting the case of Cardiff City Council & Peggy Ross and Norman Davies. Mr Davies, 81, and Mrs Ross, 82, have been together for about 20 years and in that time have enjoyed numerous cruise holidays. She had begun to suffer memory loss and was admitted to a council-run care home in Cardiff last July. The couple had a cruise booked for October and Mrs Ross wanted to go. The council decided that Mrs Ross was "found to lack capacity to make a decision" about whether or not she should go on the holiday. The council used the Sc1 A1 MCA 2005 procedure to obtained a Deprivation of Liberty authorisation to prevent Mrs Ross leaving the care home and applied to the Court of Protection for a declaration that she lacked the capacity to decide whether to go on the cruise. The Court of Protection found that this was in impermissible use of the SchA1 procedure, that Mrs Ross had capacity to make the decision to go on the cruise, and that even if she did not it was in her best interests to allow her to go on the cruise.

 

Stephen Reeder appeared for Mr Davies and persuaded the Court of Protection to allow the couple to cruise. He was instructed by Floyd Porter of Miles & Partners who comments "Over-cautious decisions which are so prevalent in the risk-averse culture of modern life need to be tempered with common sense and the Court, whilst often subject to criticism, in this case applied much needed common sense and in my opinion should be applauded."This case is another example of a tendency among local authorities to focus on risk-prevention at the expense of emotional wellbeing.

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