AG, Re [2015] EWCOP 78 (25 November 2015)

AG, Re [2015] EWCOP 78 (25 November 2015)

The appeal failed because there was no new evidence to require a reassessment of AG's capacity; findings of fact on past allegations were not necessary for the best interests decision; the residence decision was justified and not a fait accompli; and the contact arrangements were proportionate and did not breach Article 8 rights.

Citation
[2015] EWCOP 78
Parties
Appellant: DG; Respondent: Local Authority; Respondent: Official Solicitor (AG's litigation friend)
Jurisdiction
England and Wales
Judgment Date
25 November 2015
Procedural Posture
Court of Protection Appeal / Judgment on Appeal From Order of 3 September 2013
Outcome
Appeal dismissed
Legal Topics
Capacity Assessment, Best Interests, Residence and Care Decisions, Contact With Family, Article 8 ECHR, Procedural Fairness
Mental Capacity Law Public Law Capacity Assessment Best Interests Residence and Care Decisions Contact With Family Article 8 ECHR Procedural Fairness

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Parties

DG

Appellant

Local Authority

Respondent

Official Solicitor (AG's litigation friend)

Respondent

Procedural Posture

Court of Protection Appeal / Judgment on Appeal From Order of 3 September 2013

Legal Issues

  1. 1 Whether the court erred in not conducting an updated assessment of AG's capacity
  2. 2 Whether the court failed to make necessary findings of fact regarding allegations against DG
  3. 3 Whether the decision on AG's residence was a fait accompli denying a fair hearing

Ratio Decidendi

The appeal failed because there was no new evidence to require a reassessment of AG's capacity; findings of fact on past allegations were not necessary for the best interests decision; the residence decision was justified and not a fait accompli; and the contact arrangements were proportionate and did not breach Article 8 rights.

Court Disposition

Appeal dismissed

Orders

  • All grounds of appeal dismissed
  • Declarations and orders of 3 September 2013 stand