AB v CD (By The Official Solicitor) & Anor

AB v CD (By The Official Solicitor) & Anor

It is in CD’s best interests to remain at EF for another year, with regular monthly contact with AB alternating between South Yorkshire and South West England, and for a health and welfare deputy to be appointed to oversee arrangements and reduce conflict. The risks and uncertainties of relocating CD to South West England currently outweigh the potential benefits.

Parties
Applicant: AB; First Respondent: CD (By The Official Solicitor); Second Respondent: Sheffield City Council
Jurisdiction
England and Wales
Judgment Date
06 December 2024
Procedural Posture
Health and Welfare Application and Deprivation of Liberty Review / Final Judgment
Outcome
Application granted in part; CD to remain at EF for one year; health and welfare deputy appointed; revised contact arrangements ordered.
Legal Topics
Best Interests, Deputy Appointment, Contact Arrangements, Capacity Assessment
Mental Capacity Health and Welfare Deprivation of Liberty Best Interests Deputy Appointment Contact Arrangements Capacity Assessment

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Parties

AB

Applicant

CD (By The Official Solicitor)

First Respondent

Sheffield City Council

Second Respondent

Procedural Posture

Health and Welfare Application and Deprivation of Liberty Review / Final Judgment

Legal Issues

  1. 1 Where should CD live and receive care and support?
  2. 2 What should the contact arrangements be with AB?
  3. 3 Should a health and welfare deputy be appointed for CD?

Ratio Decidendi

It is in CD’s best interests to remain at EF for another year, with regular monthly contact with AB alternating between South Yorkshire and South West England, and for a health and welfare deputy to be appointed to oversee arrangements and reduce conflict. The risks and uncertainties of relocating CD to South West England currently outweigh the potential benefits.

Court Disposition

Application granted in part; CD to remain at EF for one year; health and welfare deputy appointed; revised contact arrangements ordered.

Orders

  • CD to remain at EF for another year.
  • Monthly contact between AB and CD alternating between South Yorkshire and South West England, up to 3 nights per visit.