# Case (Habitual residence). Aberdeenshire Council v SF \[2023\] EWCOP 28

**URL:** <https://forum.mentalhealthlaw.co.uk/t/case-habitual-residence-aberdeenshire-council-v-sf-2023-ewcop-28/1725>\
**Category:** MHLO updates\
**Created:** [14 July 2023 22:12 UTC](https://forum.mentalhealthlaw.co.uk/t/case-habitual-residence-aberdeenshire-council-v-sf-2023-ewcop-28/1725 "2023-07-14T22:12:46Z")\
**Posts on this page:** 1\
**Page:** 1

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**Author:** ![MHLO](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/mhlo/32/24_2.png) [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Post date:** [14 July 2023 22:12 UTC](https://forum.mentalhealthlaw.co.uk/t/case-habitual-residence-aberdeenshire-council-v-sf-2023-ewcop-28/1725/1 "2023-07-14T22:12:46Z")

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— A Scottish patient was transferred to an English psychiatric hospital in 2015, was fit for discharge in 2017, and was eventually discharged in 2022 to a placement in England because nothing could be found in Scotland. Aberdeenshire Council sought to have a Scottish Guardianship Order recognised and enforced in England. All parties agreed that she was habitually resident in Scotland; this judgment sets out the law and explains why the judge agreed.

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Full details available at: [https://www.mentalhealthlaw.co.uk/Aberdeenshire\_Council\_v\_SF\_(2023)\_EWCOP\_28?id=030723-1146](https://www.mentalhealthlaw.co.uk/Aberdeenshire_Council_v_SF_(2023)_EWCOP_28?id=030723-1146)