Ben McCormack acts for disabled client in cross-border placement heard by Vice President of the Court of Protection
17 August 2026
Ben McCormack acted for his client at the Royal Courts of Justice (pictured) in London last week. Credit: Lazy Llama / Shutterstock.
Garden Court North’s Ben McCormack appeared in a complex case involving the cross-border placement of a disabled adult.
Ben’s client, ‘CW’, is 33 years old, with a diagnosis of emotionally unstable personality order (EUPD), and has cognitive deficits and epilepsy. CW lived in Scotland until December 2022, when she moved to a care home in the Hartlepool area.
The case was heard by Mrs Justice Theis, Vice President of the Court of Protection, last Tuesday (11 August 2026).
In her judgment handed down last Friday (14 August), Mrs Justice Theis sets out her decision that CW’s attained habitual residence is now in England, and gives guidance as to good practice for local authorities and others involved in these potentially complex cases.
The judgment outlines five key reasons for this decision:
- there are a lack of specialist placements in Scotland that could meet CW’s medical and psychological needs, whereas her care home in Hartlepool is able to meet these needs;
- by May 2026, Scottish Borders Council no longer supported CW’s habitual residence being in Scotland, a position accepted by the Sheriff’s Court;
- despite wanting to relocate to a different care home in the Hartlepool area, CW has consistently stated she does not wish to return to live in Scotland over a prolonged period, and there is therefore evidence of stability in her living in England;
- there is limited integration by CW in the local community, in part because she is subject to a deprivation of liberty regime;
- CW’s connections with Scotland are limited to her mother, who visits her about twice a year, and her brother, who she has no contact with. CW has no social contacts or connections in England.
Ben is Deputy Head of Chambers and a member of Garden Court North’s Court of Protection team. He was instructed to act for CW by Mandy Cheung of EMG Solicitors.
Additional media
The National Archives – CW v Hartlepool Borough Council & Anor [2026] EWCOP 40 (T3)
For further information, please contact Alex Blair, Communications Manager at Garden Court North Chambers: ablair@gcnchambers.co.uk
