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Emma Sutton successful in application to return P to her family in Poland during the global pandemic

12th February 2021

Emma Sutton was instructed by the Official Solicitor in a case which originated as an application under the MCA 2005 regarding the administration of medication, nutrition and hydration via a PEG tube in respect of UR, a lady with longstanding complex mental health difficulties, and which culminated in an application regarding UR’s residence; specifically whether it was in her best interests to return to Poland to live with her family. The Vice President addressed the issue of whether UR could leave the jurisdiction due to the Covid-19 pandemic (with reference to the associated Regulations), and gave guidance for future cases involving the permanent relocation from England and Wales. The court determined that it was in UR’s best interests to return to Poland. Please see here for the judgment.

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