ND (Court of Protection: Costs and Declarations) [2020] EWCOP 42 (28 August 2020)

ND (Court of Protection: Costs and Declarations) [2020] EWCOP 42 (28 August 2020)

The local authority repeatedly failed to comply with statutory duties and court orders regarding ND's care and support planning, without sufficient justification. The court found these failures unlawful and granted declaratory relief. The conduct of the local authority, including persistent non-compliance, justified a departure from the general rule on costs, resulting in a costs order against the local authority in favour of the Official Solicitor and the 3rd Respondent.

Citation
[2020] EWCOP 42
Parties
Applicant: Shropshire Council; 1st Respondent: Nikolai D'Araille; 2nd Respondent: Malgorzata D'Araille; 3rd Respondent: Edouard D'Araille
Jurisdiction
England and Wales
Judgment Date
28 August 2020
Procedural Posture
Court of Protection / Judgment After Final Hearing on Declarations and Costs
Outcome
Declarations granted against the local authority; costs order made against the local authority in favour of the Official Solicitor and the 3rd Respondent.
Legal Topics
Declaratory Relief, Costs Orders, Local Authority Duties, Care Planning, Capacity Assessment
Mental Capacity Law Public Law Children Law Declaratory Relief Costs Orders Local Authority Duties Care Planning Capacity Assessment

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Parties

Shropshire Council

Applicant

Nikolai D'Araille

1st Respondent

Malgorzata D'Araille

2nd Respondent

Edouard D'Araille

3rd Respondent

Procedural Posture

Court of Protection / Judgment After Final Hearing on Declarations and Costs

Legal Issues

  1. 1 Whether the local authority failed in its statutory duties to ND under the Children Act 1989 and Care Act 2014
  2. 2 Whether declaratory relief should be granted against the local authority for failures in care and support planning
  3. 3 Whether the conduct of the local authority justifies a departure from the general rule on costs in Court of Protection proceedings

Ratio Decidendi

The local authority repeatedly failed to comply with statutory duties and court orders regarding ND's care and support planning, without sufficient justification. The court found these failures unlawful and granted declaratory relief. The conduct of the local authority, including persistent non-compliance, justified a departure from the general rule on costs, resulting in a costs order against the local authority in favour of the Official Solicitor and the 3rd Respondent.

Court Disposition

Declarations granted against the local authority; costs order made against the local authority in favour of the Official Solicitor and the 3rd Respondent.

Orders

  • Declaration that the local authority failed to provide ND with a choate pathway plan as required by section 23 of the Children Act 1989.
  • Declaration that the local authority failed to provide ND with a choate care and support plan as required by section 25 of the Care Act 2014 and court order.