ZK (Landau-Kleffner Syndrome : Best Interests)

ZK (Landau-Kleffner Syndrome : Best Interests)

It is in ZK’s best interests to remain in his current supported placement and move to Placement 2 when available, with a care package including BSL, as this aligns with his clear and consistent wishes, promotes his autonomy and development, and avoids the risk of conflict and regression associated with a return home at this stage.

Parties
Applicant: A Local Authority; First Respondent: ZK (by his litigation friend, the Official Solicitor); Second Respondent: SB; Third Respondent: HM
Jurisdiction
England and Wales
Judgment Date
27 January 2021
Procedural Posture
Court of Protection / Judgment on Best Interests and Residence Pending Expert Report on Capacity
Outcome
Application granted; best interests declaration made for ZK to remain in supported placement and move to Placement 2 when ready.
Legal Topics
Best Interests Decision, Deprivation of Liberty, Residence and Care Arrangements, Capacity Assessment, Contact With Family, Article 8 ECHR
Mental Capacity Law Family Law Human Rights Best Interests Decision Deprivation of Liberty Residence and Care Arrangements Capacity Assessment Contact With Family +1 more

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Parties

A Local Authority

Applicant

ZK (by his litigation friend, the Official Solicitor)

First Respondent

SB

Second Respondent

HM

Third Respondent

Procedural Posture

Court of Protection / Judgment on Best Interests and Residence Pending Expert Report on Capacity

Legal Issues

  1. 1 Whether it is in ZK’s best interests to remain in supported accommodation or return to his family home
  2. 2 Whether the removal of ZK from his family home was lawful
  3. 3 How ZK’s wishes and feelings should be weighed in best interests decision-making

Ratio Decidendi

It is in ZK’s best interests to remain in his current supported placement and move to Placement 2 when available, with a care package including BSL, as this aligns with his clear and consistent wishes, promotes his autonomy and development, and avoids the risk of conflict and regression associated with a return home at this stage.

Court Disposition

Application granted; best interests declaration made for ZK to remain in supported placement and move to Placement 2 when ready.

Orders

  • ZK to remain in Placement 1 and move to Placement 2 when available, with care package including BSL.
  • Contact plan to be regularly reviewed based on ZK’s wishes and feelings.