ND (Court of Protection: Costs and Declarations)

ND (Court of Protection: Costs and Declarations)

The local authority repeatedly failed to comply with statutory duties and court orders to provide ND with adequate care and pathway plans, and these failures were not justified by ND's behaviour or lack of engagement. The failures warranted declaratory relief under section 15(1)(c) of the Mental Capacity Act 2005. The conduct of the local authority also justified a departure from the general rule on costs, and a costs order was made against the local authority in favour of the Official Solicitor and the father.

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 / Final Judgment 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 father.
Legal Topics
Declaratory Relief, Costs Orders, Statutory Duties of Local Authorities, Care Planning, Capacity Assessment
Mental Capacity Public Law Children Law Declaratory Relief Costs Orders Statutory Duties of Local Authorities 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 / Final Judgment 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 the local authority's failures justified declaratory relief under section 15(1)(c) of the Mental Capacity Act 2005
  3. 3 Whether the conduct of the local authority justified a departure from the general rule on costs

Ratio Decidendi

The local authority repeatedly failed to comply with statutory duties and court orders to provide ND with adequate care and pathway plans, and these failures were not justified by ND's behaviour or lack of engagement. The failures warranted declaratory relief under section 15(1)(c) of the Mental Capacity Act 2005. The conduct of the local authority also justified a departure from the general rule on costs, and a costs order was made against the local authority in favour of the Official Solicitor and the father.

Court Disposition

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

Orders

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