B (A Local Authority) v RM & Ors

B (A Local Authority) v RM & Ors

The welfare of AM, a severely disabled minor lacking capacity, will be better protected by transferring the proceedings to the Court of Protection, as her needs are lifelong, unlikely to be resolved by age 18, and the Court of Protection provides a more appropriate and flexible framework than a time-limited care order under the Children Act.

Parties
Applicant: B (A Local Authority); Respondent: RM; Respondent: MM; Subject Child: AM
Jurisdiction
England and Wales
Judgment Date
15 October 2010
Procedural Posture
Care Proceedings / Transfer to Court of Protection / Judgment
Outcome
Transfer of proceedings to the Court of Protection; no care order made.
Legal Topics
Care Orders, Transfer of Proceedings, Welfare of Disabled Child, Jurisdiction of Court of Protection
Family Law Mental Capacity Law Care Orders Transfer of Proceedings Welfare of Disabled Child Jurisdiction of Court of Protection

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Parties

B (A Local Authority)

Applicant

RM

Respondent

MM

Respondent

AM

Subject Child

Procedural Posture

Care Proceedings / Transfer to Court of Protection / Judgment

Legal Issues

  1. 1 Whether the case concerning a disabled minor should be transferred from the Family Court (Children Act 1989) to the Court of Protection (Mental Capacity Act 2005)
  2. 2 Whether a care order or no order should be made for AM
  3. 3 What legal framework best protects AM's welfare

Ratio Decidendi

The welfare of AM, a severely disabled minor lacking capacity, will be better protected by transferring the proceedings to the Court of Protection, as her needs are lifelong, unlikely to be resolved by age 18, and the Court of Protection provides a more appropriate and flexible framework than a time-limited care order under the Children Act.

Court Disposition

Transfer of proceedings to the Court of Protection; no care order made.

Orders

  • Declaration that AM lacks capacity to litigate and make welfare decisions.
  • AM to remain at U; not to be removed without agreement of Local Authority and mother or further court order.