A Local Authority v ED & Ors [2013] EWCOP 3069 (04 October 2013)

A Local Authority v ED & Ors [2013] EWCOP 3069 (04 October 2013)

ED lacks capacity to make decisions regarding residence, contact, personal care, pubic hair removal, and consent to Achieving Best Evidence interview; her best interests require care by persons with BSL skills and continued review of placement and contact arrangements.

Citation
[2013] EWCOP 3069
Parties
Applicant: A Local Authority; 1st Respondent: ED; 2nd Respondent: Mr. D; 3rd Respondent: Mrs. D
Jurisdiction
England and Wales
Judgment Date
04 October 2013
Procedural Posture
Court of Protection Proceedings Under the Mental Capacity Act 2005 / Final Judgment After Substantive Hearing
Outcome
Orders made with consent; ED will not return to family home; significant reduction in contact with parents; Local Authority to keep placement and contact arrangements under review.
Legal Topics
Litigation Capacity, Best Interests, Residence, Contact, Personal Care, Religious/cultural Practices, Protocol for Police/local Authority Enquiries
Mental Capacity Family Law Human Rights Litigation Capacity Best Interests Residence Contact Personal Care +2 more

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Parties

A Local Authority

Applicant

ED

1st Respondent

Mr. D

2nd Respondent

Mrs. D

3rd Respondent

Procedural Posture

Court of Protection Proceedings Under the Mental Capacity Act 2005 / Final Judgment After Substantive Hearing

Legal Issues

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

Ratio Decidendi

ED lacks capacity to make decisions regarding residence, contact, personal care, pubic hair removal, and consent to Achieving Best Evidence interview; her best interests require care by persons with BSL skills and continued review of placement and contact arrangements.

Court Disposition

Orders made with consent; ED will not return to family home; significant reduction in contact with parents; Local Authority to keep placement and contact arrangements under review.

Orders

  • ED to remain in current placement with carers skilled in BSL.
  • Local Authority to regularly review alternative placements and contact arrangements.