ZK (Landau-Kleffner Syndrome : Best Interests) [2021] EWCOP 12 (27 January 2021)

ZK (Landau-Kleffner Syndrome : Best Interests) [2021] EWCOP 12 (27 January 2021)

It is in ZK's best interests to remain in supported accommodation and move to Placement 2 when available, as this aligns with his clear and consistent wishes, supports his autonomy and communication development, and avoids the conflict and lack of understanding present in the family home. The removal was lawful and in accordance with the MCA.

Citation
[2021] EWCOP 12
Parties
Applicant: A Local Authority; First Respondent: ZK (by his litigation friend, the Official Solicitor); Second Respondent: SB; Second Respondent: HM
Jurisdiction
England and Wales
Judgment Date
27 January 2021
Procedural Posture
Court of Protection / Interim Hearing on Best Interests and Residence Pending Expert Capacity Assessment
Outcome
Application granted
Legal Topics
Best Interests Decision Making, Deprivation of Liberty, Residence and Care Arrangements, Article 8 ECHR, Capacity Assessment, Family Contact
Mental Capacity Law Health and Social Care Law Human Rights Best Interests Decision Making Deprivation of Liberty Residence and Care Arrangements Article 8 ECHR Capacity Assessment +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

Second Respondent

Procedural Posture

Court of Protection / Interim Hearing on Best Interests and Residence Pending Expert Capacity Assessment

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 ZK's removal from the 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 supported accommodation and move to Placement 2 when available, as this aligns with his clear and consistent wishes, supports his autonomy and communication development, and avoids the conflict and lack of understanding present in the family home. The removal was lawful and in accordance with the MCA.

Court Disposition

Application granted

Orders

  • ZK to remain in Placement 1 and move to Placement 2 when ready, with care package to meet assessed needs including BSL communication.
  • Contact plan to be regularly reviewed based on ZK's wishes and feelings.