NHS South East London Integrated Care Board v AB & Anor [2024] EWCOP 28 (19 April 2024)

NHS South East London Integrated Care Board v AB & Anor [2024] EWCOP 28 (19 April 2024)

It is not in AB's best interests for any further attempts to be made to return her to live with her mother, given two failed trials and the inability to establish satisfactory working relationships between M and professional carers. AB's needs require more support than M alone can provide. AB should remain in her current residential placement with contact arrangements as set out.

Citation
[2024] EWCOP 28
Parties
Subject: AB; Mother/applicant: M; Local Authority/respondent: London Borough of Southwark; Health Authority/respondent: NHS South East London CCG / ICB
Jurisdiction
England and Wales
Judgment Date
19 April 2024
Procedural Posture
Court of Protection Welfare Proceedings / Final Hearing and Judgment
Outcome
Final orders made; proceedings concluded.
Legal Topics
Best Interests, Deprivation of Liberty, Care Arrangements, Contact Arrangements, Welfare Deputyship
Mental Capacity Law Family Law Public Law Best Interests Deprivation of Liberty Care Arrangements Contact Arrangements Welfare Deputyship

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Parties

AB

Subject

M

Mother/applicant

London Borough of Southwark

Local Authority/respondent

NHS South East London CCG / ICB

Health Authority/respondent

Procedural Posture

Court of Protection Welfare Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether further attempts should be made to return AB to live with her mother
  2. 2 What care and living arrangements are in AB's best interests
  3. 3 Appropriate contact arrangements between AB and M

Ratio Decidendi

It is not in AB's best interests for any further attempts to be made to return her to live with her mother, given two failed trials and the inability to establish satisfactory working relationships between M and professional carers. AB's needs require more support than M alone can provide. AB should remain in her current residential placement with contact arrangements as set out.

Court Disposition

Final orders made; proceedings concluded.

Orders

  • AB shall not be removed from England and Wales without further order of the court.
  • AB shall continue to live at HH (with a Standard Authorisation for deprivation of liberty in place).