A Local Authority v PB & Anor

A Local Authority v PB & Anor

D's best interests are best promoted by remaining in his current specialist placement, as his complex needs require one-to-one support that cannot be provided at home. A staged approach to increasing unsupported contact with his mother is appropriate, with any deprivation of liberty under the care plan being authorised as necessary. Overnight contact is not to be implemented until successful unsupported daytime contact is established and the mother's understanding and cooperation are demonstrated.

Parties
Applicant: A Local Authority; First Respondent: PB; Second Respondent: P (by his litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
20 October 2011
Procedural Posture
Welfare Application Under the Mental Capacity Act / Final Judgment After Full Hearing
Outcome
Application granted in part; D to remain in current placement with staged increase in contact.
Legal Topics
Best Interests Determination, Residence and Contact, Deprivation of Liberty, Article 8 ECHR Rights, Care Planning
Mental Capacity Law Family Law Human Rights Best Interests Determination Residence and Contact Deprivation of Liberty Article 8 ECHR Rights Care Planning

Case Brief

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Parties

A Local Authority

Applicant

PB

First Respondent

P (by his litigation friend the Official Solicitor)

Second Respondent

Procedural Posture

Welfare Application Under the Mental Capacity Act / Final Judgment After Full Hearing

Legal Issues

  1. 1 Where should D reside in his best interests?
  2. 2 What contact regime with his mother is appropriate?
  3. 3 Is D deprived of his liberty under the current care plan and is such deprivation lawful?

Ratio Decidendi

D's best interests are best promoted by remaining in his current specialist placement, as his complex needs require one-to-one support that cannot be provided at home. A staged approach to increasing unsupported contact with his mother is appropriate, with any deprivation of liberty under the care plan being authorised as necessary. Overnight contact is not to be implemented until successful unsupported daytime contact is established and the mother's understanding and cooperation are demonstrated.

Court Disposition

Application granted in part; D to remain in current placement with staged increase in contact.

Orders

  • D to remain at current placement; residence at mother's home not approved.
  • Plan B for staged increase in unsupported contact to be implemented.