A Local Authority v PB & Anor [2011] EWCOP 2675 (20 October 2011)

A Local Authority v PB & Anor [2011] EWCOP 2675 (20 October 2011)

P's best interests are served by remaining in his current specialist placement, where his complex needs are met and he benefits from a structured regime. His mother cannot provide the necessary level of care at home. Contact should be increased in a staged manner, with unsupported daytime contact to be trialled, but unsupported overnight contact is not currently justified. Any deprivation of liberty under the care plan is authorised as being in P's best interests.

Citation
[2011] EWCOP 2675
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
Court of Protection Welfare Proceedings / Final Judgment After Substantive Hearing
Outcome
Application granted in part
Legal Topics
Best Interests, Residence, Contact, Deprivation of Liberty, Article 8 ECHR, Care Planning
Mental Capacity Law Family Law Human Rights Best Interests Residence Contact Deprivation of Liberty Article 8 ECHR +1 more

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Parties

A Local Authority

Applicant

PB

First Respondent

P (by his litigation friend the Official Solicitor)

Second Respondent

Procedural Posture

Court of Protection Welfare Proceedings / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Where should P reside in his best interests?
  2. 2 What contact should P have with his mother?
  3. 3 Is P being deprived of his liberty and is such deprivation lawful?

Ratio Decidendi

P's best interests are served by remaining in his current specialist placement, where his complex needs are met and he benefits from a structured regime. His mother cannot provide the necessary level of care at home. Contact should be increased in a staged manner, with unsupported daytime contact to be trialled, but unsupported overnight contact is not currently justified. Any deprivation of liberty under the care plan is authorised as being in P's best interests.

Court Disposition

Application granted in part

Orders

  • P to remain at current placement; residence order made accordingly.
  • Contact plan (Plan B) to be implemented: staged increase to unsupported daytime contact, with review before any overnight contact.