In the matter of BS
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Judgment Date | 18 February 2009 |
| Neutral Citation | [2009] NIFam 5 |
| Court | Family Division (Northern Ireland) |
| Date | 18 February 2009 |
| Year | 2009 |
1
Neutral Citation No: [2009] NIFam 5 Ref:
STE7418
Judgment: approved by the Court for handing down Delivered:
18/2/09
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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FAMILY DIVISION
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OFFICE OF CARE AND PROTECTION
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IN THE MATTER OF BS
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STEPHENS J
Introduction
[1] The lady who is the subject of these proceedings, BS, is now aged 88.
She resides in a nursing home and has done so for a period of approximately
3 ½ years. Her arm was badly fractured in a fall and it has never healed
sufficiently to enable her to have full use of it again. She is no longer able to
live alone due to that physical restriction and the assistance that she requires
as a result. She is still able to enjoy foreign holidays going for instance to the
Mediterranean in July 2008. Her husband, a successful businessman, died
over a decade ago. BS has a son and a daughter who for the purposes of this
judgment I shall refer to as KS and SR (the daughter having married TR).
Unfortunate differences have arisen between KS and SR as to whether their
mother BS is capable of managing her own affairs. KS believes that she is but
SR believes that she is not. SR would however accept the outcome, whatever
it may be, of an independent medical examination. BS for her own part
believes that she is capable of looking after her own affairs.
[2] SR has applied to the court under Article 101 of the Mental Health (NI)
Order 1986 and pursuant to Order 109, Rule 4(1) of the Rules of the Supreme
Court (Northern Ireland) 1980 for a Controller to be appointed in respect of
her mother’s affairs. BS is the respondent to that application. KS is a notice
party. In the course of that application SR has sought an Order pursuant to
Order 109, Rule 45, of the Rules of the Supreme Court (Northern Ireland) 1980
that her mother attends for a medical examination. It is the application for a
medical examination which I have to determine. BS opposes that application
contending that the court in the exercise of its discretion should not order a
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...She believed that she was capable of looking after her affairs, as did her son KS; her daughter, took a contrary view Neutral Citation: [2009] NIFam 5 Court and Reference: High Court (NI), Fam Div, Stephens J In the Matter of BS Issue: Whether an order should be made requiring submission t......