A North East Local Authority v AC & Anor

A North East Local Authority v AC & Anor

It is in AC’s best interests to move to LM, a supported living bungalow, with a bespoke care package arranged by the local authority. The local authority is authorised to sign a tenancy agreement on AC’s behalf. Contact between AC and BC must be supervised by a third party, with arrangements to be reviewed after AC’s move. Detailed transition and support plans must be prepared and agreed before the move. The court’s decision is based on the suitability of LM, the need for stability, and the impact of BC’s behaviour on care provision.

Parties
Applicant: A North East Local Authority; First Respondent (by Her Litigation Friend): AC; Second Respondent: BC
Jurisdiction
England and Wales
Judgment Date
21 May 2019
Procedural Posture
Court of Protection Mental Capacity / Final Judgment on Residence, Care, and Contact
Outcome
Application granted in part; final orders made on residence, care, and contact.
Legal Topics
Best Interests Decision, Residence and Contact Arrangements, Deprivation of Liberty, Supervised Contact, Litigation Friend, Transition Planning
Mental Capacity Family Law Adult Social Care Best Interests Decision Residence and Contact Arrangements Deprivation of Liberty Supervised Contact Litigation Friend +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A North East Local Authority

Applicant

AC

First Respondent (by Her Litigation Friend)

BC

Second Respondent

Procedural Posture

Court of Protection Mental Capacity / Final Judgment on Residence, Care, and Contact

Legal Issues

  1. 1 Where should AC reside in her best interests?
  2. 2 What contact arrangements should be made between AC and BC?
  3. 3 Should the local authority be authorised to sign a tenancy agreement on AC’s behalf?

Ratio Decidendi

It is in AC’s best interests to move to LM, a supported living bungalow, with a bespoke care package arranged by the local authority. The local authority is authorised to sign a tenancy agreement on AC’s behalf. Contact between AC and BC must be supervised by a third party, with arrangements to be reviewed after AC’s move. Detailed transition and support plans must be prepared and agreed before the move. The court’s decision is based on the suitability of LM, the need for stability, and the impact of BC’s behaviour on care provision.

Court Disposition

Application granted in part; final orders made on residence, care, and contact.

Orders

  • AC to move to LM with a bespoke care package arranged by the applicant local authority.
  • The local authority is authorised to sign a tenancy agreement on behalf of AC.