AB v CD (By The Official Solicitor) & Anor [2024] EWCOP 32 (03 June 2024)

AB v CD (By The Official Solicitor) & Anor [2024] EWCOP 32 (03 June 2024)

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 professional health and welfare deputy to be appointed to oversee and facilitate decision-making, reduce conflict, and review the possibility of relocation at the next annual review. The risks and uncertainties of an immediate move to South West England outweigh potential benefits at this stage.

Citation
[2024] EWCOP 32
Parties
Applicant: AB; First Respondent: CD (By The Official Solicitor); Second Respondent: Sheffield City Council
Jurisdiction
England and Wales
Judgment Date
03 June 2024
Procedural Posture
Court of Protection Health and Welfare and Deprivation of Liberty Review / Final Judgment After Consolidated Hearing
Outcome
Application for CD's immediate relocation to South West England refused; appointment of health and welfare deputy granted; contact restrictions varied; deprivation of liberty at EF authorised for one year.
Legal Topics
Best Interests Decision Making, Appointment of Deputy, Contact Arrangements, Deprivation of Liberty Safeguards, Capacity Assessment
Mental Capacity Law Health and Welfare Deprivation of Liberty Best Interests Decision Making Appointment of Deputy Contact Arrangements Deprivation of Liberty Safeguards Capacity Assessment

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 6 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

AB

Applicant

CD (By The Official Solicitor)

First Respondent

Sheffield City Council

Second Respondent

Procedural Posture

Court of Protection Health and Welfare and Deprivation of Liberty Review / Final Judgment After Consolidated Hearing

Legal Issues

  1. 1 Whether CD should remain at his current placement (EF) or move to live with AB in South West England
  2. 2 What contact arrangements are in CD's best interests
  3. 3 Whether a health and welfare deputy should 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 professional health and welfare deputy to be appointed to oversee and facilitate decision-making, reduce conflict, and review the possibility of relocation at the next annual review. The risks and uncertainties of an immediate move to South West England outweigh potential benefits at this stage.

Court Disposition

Application for CD's immediate relocation to South West England refused; appointment of health and welfare deputy granted; contact restrictions varied; deprivation of liberty at EF authorised for one year.

Orders

  • CD to remain at EF for one year; issue of relocation to be reviewed at next annual review.
  • Monthly contact between AB and CD alternating between South Yorkshire and South West England, up to 3 nights per visit, with arrangements to minimise conflict between AB and KL.