International Transfers

Julia Jones was joined by Emma Sutton KC, Serjeants' Inn Chambers, who reviewed the key cases and guidance when dealing with international transfers for people who lack capacity and/or children.

Some topics that were covered: 

• The role of an embassy
• How do we determine what the care regime might be for the person in the receiving country?
• Safeguarding matters
• Whose responsibility?
  • Practical arrangements for the transfer
  • Arranging translators
  • Legal advice from the recipient country as to citizenship, benefit entitlement, health and social care provision – and any applications that need to be made consequent to that
  • Travel costs

Emma Sutton KC specialises in public law in the areas of mental capacity, mental health, health and social care and education, in cases which routinely involve significant human rights issues.