A Local Authority v ED & Ors

A Local Authority v ED & Ors

ED lacks capacity in the relevant domains; her best interests require care by professionals with BSL skills, not her parents, and no suitable alternative placement is available. The parents' concession and the lack of evidence for alternative arrangements support the orders made.

Parties
Applicant: A Local Authority; 1st Respondent: ED (by her litigation friend, the Official Solicitor); 2nd Respondent: Mr. D; 3rd Respondent: Mrs. D
Jurisdiction
England and Wales
Judgment Date
04 October 2013
Procedural Posture
Family/mental Capacity / Final Judgment After Contested Hearing
Outcome
Final orders by consent; parents' applications dismissed; ED to remain in current placement with reduced contact.
Legal Topics
Best Interests, Capacity to Make Decisions, Residence and Contact, Cultural/religious Considerations, Litigation Capacity
Family Law Mental Capacity Best Interests Capacity to Make Decisions Residence and Contact Cultural/religious Considerations Litigation Capacity

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Parties

A Local Authority

Applicant

ED (by her litigation friend, the Official Solicitor)

1st Respondent

Mr. D

2nd Respondent

Mrs. D

3rd Respondent

Procedural Posture

Family/mental Capacity / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Does ED have litigation capacity?
  2. 2 Does ED have capacity to decide where to live, contact, personal care, removal of pubic hair, and consent to Achieving Best Evidence interview?
  3. 3 If not, what are her best interests in each respect?

Ratio Decidendi

ED lacks capacity in the relevant domains; her best interests require care by professionals with BSL skills, not her parents, and no suitable alternative placement is available. The parents' concession and the lack of evidence for alternative arrangements support the orders made.

Court Disposition

Final orders by consent; parents' applications dismissed; ED to remain in current placement with reduced contact.

Orders

  • ED will not return to the family home.
  • No alternative placement is currently available; Local Authority to keep options under review.