The court was asked whether or not ECHR Art 8 respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford a priority to placement of an incapacitated adult in their family or whether family life is simply one of ‘all the relevant circumstances’ which under MCA 2005 S4 the court must consider.
References:  EWCA Civ 79
Judges: Thorpe, Black, Davis LJJ
Statutes: Mental Capacity Act 2005, European Convention on Human Rights 8
Jurisdiction: England and Wales
Last Update: 16 November 2020; Ref: scu.450976 br>