AB & Ors, Re

AB & Ors, Re

The Court of Protection retains jurisdiction to make limited orders to locate AB, a vulnerable adult, following her wrongful removal to Jamaica, and it is proportionate to stay proceedings pending further application, given AB’s welfare has been ascertained and the applicant is pursuing remedies in Jamaica.

Parties
Applicant: A County Council; First Respondent: AB (by her litigation friend the Official Solicitor); Second Respondent: Mrs O; Third Respondent: Mr O
Jurisdiction
England and Wales
Judgment Date
28 July 2025
Procedural Posture
Court of Protection Welfare Application / Stay of Proceedings Pending Further Application
Outcome
Proceedings stayed with permission to apply to lift stay; if no application within six months, proceedings dismissed with no order as to costs.
Legal Topics
Habitual Residence, Jurisdiction, Third Party Disclosure Orders, Contempt of Court, Return Orders, Protective Measures
Mental Capacity International Family Law Safeguarding Habitual Residence Jurisdiction Third Party Disclosure Orders Contempt of Court Return Orders +1 more

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Parties

A County Council

Applicant

AB (by her litigation friend the Official Solicitor)

First Respondent

Mrs O

Second Respondent

Mr O

Third Respondent

Procedural Posture

Court of Protection Welfare Application / Stay of Proceedings Pending Further Application

Legal Issues

  1. 1 Whether the Court of Protection retains jurisdiction over AB after her removal to Jamaica
  2. 2 Whether AB remains habitually resident in England and Wales
  3. 3 Appropriateness of third party disclosure orders to locate a vulnerable adult

Ratio Decidendi

The Court of Protection retains jurisdiction to make limited orders to locate AB, a vulnerable adult, following her wrongful removal to Jamaica, and it is proportionate to stay proceedings pending further application, given AB’s welfare has been ascertained and the applicant is pursuing remedies in Jamaica.

Court Disposition

Proceedings stayed with permission to apply to lift stay; if no application within six months, proceedings dismissed with no order as to costs.

Orders

  • Permission granted to file COP9 application to lift stay and seek further directions or orders.
  • If no COP9 application filed within six months, proceedings dismissed with no order as to costs.