A Health and Social Care Trust v Mr X and Mrs Y

JurisdictionNorthern Ireland
JudgeO'Hara J
Neutral Citation[2019] NIFam 9
CourtFamily Division (Northern Ireland)
Date17 April 2019
1
Neutral Citation No: [2019] NIFam 9
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: OHA10886
Delivered: 17/5/2019
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
OFFICE OF CARE AND PROTECTION
________
FAMILY DIVISION
________
2014 No. 4
BETWEEN:
A HEALTH AND SOCIAL CARE TRUST
Plaintiff;
-and-
MR X
-and-
THE OFFICIAL SOLICITOR
Defendants;
-and-
MS Y
Notice Party.
_________
O’HARA J
Introduction
[1] In March 2014 the Supreme Court gave its landmark decision in Surrey County
Council v P and Others: Cheshire West and Chester Council v P and Another [2014] AC
896 (“Cheshire West”). The central issue in that case was summarised as follows by
Lady Hale at paragraph [1] of her judgment:

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