An English Local Authority v SW (by her litigation friend) and others

Mental health – Court of Protection. The proceedings concerned the question of where an adult, SW, who lacked capacity, was habitually resident, for the purposes of determining whether the English court had jurisdiction to deal with applications under the Metal Capacity Act 2005. The Court of Protection held that the definition of 'habitual residence' under the Act should be the same as that applied in other family law instruments, including Council Regulation (EC) 2201/2003, and SW had been habitually resident in England for purposes of the Act.

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