Adults Family Care v Paid Care

Law and practice Mental Capacity Act
1

Sometime ago now Sir James Munby made a statement about the arguments pertaining to whether an adult should be better supported by paid or residential care versus the support of their family. As I recall it went something like needing a very good argument that paid care would be in best interests over family care.

I would like to be able to quote him but have mislaid the reference. It may well have been in a paper or a speech. I have quoted this previously but some time ago.

I would appreciate it if somebody who could reference this.

Thanks in advance

Chris Wall
ISW

2

I believe it was Re MM; Local Authority X v MM (by the Official Solicitor) and KM [2007] EWHC 2003 (Fam), which includes the following:
[117] At the end of the day, the simple point, surely, is this: the quality of public care must be at least as good as that from which the child or vulnerable adult has been rescued. Indeed that sets the requirement too low. If the State is to justify removing children from their parents or vulnerable adults from their relatives, partners, friends or carers it can only be on the basis that the State is going to provide a better quality of care than that which they have hitherto been receiving: see Re F, F v Lambeth London Borough Council [2002] 1 FLR 217 at para [43].

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3

Thank you so much

Chris

4

I think the preceding para is also of relevance

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5

Thank you - the point at 116 is extremely valid and helpful.

6

The Court of Appeal addressed this point in 2012 and they reference the earlier judgment from Munby within their judgment.

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