AG, Re

AG, Re

There was no new evidence to justify revisiting AG’s capacity; findings of fact on past allegations were unnecessary as they were not relied upon in determining AG’s best interests; the residence decision was justified by evidence and not a fait accompli; and the contact arrangements were proportionate, flexible, and did not breach Article 8 rights.

Parties
Appellant: DG; Respondent: Local Authority; Subject: AG; Interested Party: Official Solicitor (AG’s litigation friend)
Jurisdiction
England and Wales
Judgment Date
25 November 2015
Procedural Posture
Welfare Application (court of Protection) / Appeal From Order of Judge Rogers Dated 3 September 2013
Outcome
appeal dismissed
Legal Topics
Assessment of Capacity, Best Interests, Fact Finding in Welfare Proceedings, Article 8 ECHR (family Life), Deprivation of Liberty, Contact Arrangements
Mental Capacity Public Law Human Rights Assessment of Capacity Best Interests Fact Finding in Welfare Proceedings Article 8 ECHR (family Life) Deprivation of Liberty +1 more

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 5 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

DG

Appellant

Local Authority

Respondent

AG

Subject

Official Solicitor (AG’s litigation friend)

Interested Party

Procedural Posture

Welfare Application (court of Protection) / Appeal From Order of Judge Rogers Dated 3 September 2013

Legal Issues

  1. 1 Whether the judge erred in not conducting an updated assessment of AG’s capacity
  2. 2 Whether the judge 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 DG a fair hearing

Ratio Decidendi

There was no new evidence to justify revisiting AG’s capacity; findings of fact on past allegations were unnecessary as they were not relied upon in determining AG’s best interests; the residence decision was justified by evidence and not a fait accompli; and the contact arrangements were proportionate, flexible, and did not breach Article 8 rights.

Court Disposition

appeal dismissed

Orders

  • All grounds of appeal dismissed
  • Permission to appeal refused for lack of jurisdiction; application to be made to Court of Appeal if pursued