Gloucestershire City Council v AB (by her litigation friend, the Official Solicitor) & Anor.

Gloucestershire City Council v AB (by her litigation friend, the Official Solicitor) & Anor.

The standard authorisation is terminated as the care arrangements were not properly authorised or communicated to the relevant parties, and the current arrangements are so unplanned and risky that they require direct court authorisation. Interim authorisation is granted for the current care plan, with restrictions...

Source-derived case information.

Parties
Applicant: Gloucestershire County Council; First Respondent: AB; Second Respondent: SB; Third Respondent: NHS Gloucestershire Integrated Care Board
Jurisdiction
England and Wales
Judgment Date
03 October 2022
Procedural Posture
Court of Protection S.21 a Mental Capacity Act 2005 Application / Interim Order Following Final Hearing
Outcome
Interim orders granted; standard authorisation terminated; proceedings reconstituted under s.16 MCA 2005; further directions given.
Legal Topics
Deprivation of Liberty, Best Interests, Self Harm, Restraint, Article 2 ECHR, Article 5 ECHR, Article 8 ECHR
Mental Capacity Law Health Law Human Rights Law Deprivation of Liberty Best Interests Self Harm Restraint Article 2 ECHR +2 more

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Summary, issues, holding and outcome

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Parties

Gloucestershire County Council

Applicant

AB

First Respondent

SB

Second Respondent

NHS Gloucestershire Integrated Care Board

Third Respondent

Procedural Posture

Court of Protection S.21 a Mental Capacity Act 2005 Application / Interim Order Following Final Hearing

Legal Issues

  1. 1 Whether the best interests requirement is met for AB's deprivation of liberty and care arrangements
  2. 2 Whether the current care plan and authorisation process is lawful and appropriate
  3. 3 Whether AB has capacity to access the internet and social media

Ratio Decidendi

The standard authorisation is terminated as the care arrangements were not properly authorised or communicated to the relevant parties, and the current arrangements are so unplanned and risky that they require direct court authorisation. Interim authorisation is granted for the current care plan, with restrictions on AB's liberty and self-harm, as being in her best interests, necessary and proportionate, pending urgent review and further evidence.

Court Disposition

Interim orders granted; standard authorisation terminated; proceedings reconstituted under s.16 MCA 2005; further directions given.

Orders

  • Standard authorisation dated 26 September 2022 is terminated.
  • AB to reside at Placement A under the specified care plan.