CCC v KS [2013] EWCOP B42 (24 January 2013)

CCC v KS [2013] EWCOP B42 (24 January 2013)

It is in K's best interests to remain at BS until July 2014 to complete his education, after which a planned move closer to his family in P or an adjacent county should occur. A move to FC now is not justified and may be detrimental. The court makes declarations to guide future planning and ensure no delay in arranging suitable accommodation near family.

Citation
[2013] EWCOP B42
Parties
Subject: K; Family: Father and Stepmother of K; Respondent: CCC (Current Local Authority); Respondent: P (Proposed Local Authority)
Jurisdiction
England and Wales
Judgment Date
24 January 2013
Procedural Posture
Court of Protection Welfare Proceedings / Final Judgment on Residence and Care Arrangements
Outcome
Declarations made as to K's best interests and residence; interim and future arrangements ordered; no order as to costs except public funding assessment.
Legal Topics
Best Interests, Residence of Vulnerable Adult, Supported Accommodation, Contact With Family, Local Authority Responsibilities
Mental Capacity Law Health and Welfare Best Interests Residence of Vulnerable Adult Supported Accommodation Contact With Family Local Authority Responsibilities

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Parties

K

Subject

Father and Stepmother of K

Family

CCC (Current Local Authority)

Respondent

P (Proposed Local Authority)

Respondent

Procedural Posture

Court of Protection Welfare Proceedings / Final Judgment on Residence and Care Arrangements

Legal Issues

  1. 1 Whether K should remain at BS or move to FC for the next 18 months
  2. 2 What arrangements are in K's best interests regarding residence and contact
  3. 3 Whether a declaration should be made now about K's future move to P or adjacent county

Ratio Decidendi

It is in K's best interests to remain at BS until July 2014 to complete his education, after which a planned move closer to his family in P or an adjacent county should occur. A move to FC now is not justified and may be detrimental. The court makes declarations to guide future planning and ensure no delay in arranging suitable accommodation near family.

Court Disposition

Declarations made as to K's best interests and residence; interim and future arrangements ordered; no order as to costs except public funding assessment.

Orders

  • K to remain at BS and attend C College until July 2014.
  • K to have weekly contact with family for up to six hours per visit as arranged with CCC.