AB, Re

AB, Re

AB's best interests require a care plan with 2:1 support during the day and 1:1 at night for the initial period of her return home to 9CC, with regular reviews, therapeutic input, and engagement in activities, as 1:1 support would not sufficiently mitigate risks associated with the transition and stress.

Parties
Applicant: X Council; First Respondent: BB; Second Respondent: CB; Third Respondent: AB (by her litigation friend, the Official Solicitor); Fourth Respondent: The NHS Trust
Jurisdiction
England and Wales
Judgment Date
25 January 2021
Procedural Posture
Court of Protection / Final Judgment
Outcome
Declarations and orders made; AB to return home with 2:1 support during the day and 1:1 at night, with detailed care planning and review.
Legal Topics
Best Interests, Deprivation of Liberty, Care Planning, Capacity Determination, Family Life, Therapeutic Input
Mental Capacity Health Law Human Rights Best Interests Deprivation of Liberty Care Planning Capacity Determination Family Life +1 more

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Parties

X Council

Applicant

BB

First Respondent

CB

Second Respondent

AB (by her litigation friend, the Official Solicitor)

Third Respondent

The NHS Trust

Fourth Respondent

Procedural Posture

Court of Protection / Final Judgment

Legal Issues

  1. 1 What care plan is in AB's best interests for her return home?
  2. 2 Is 2:1 or 1:1 staffing appropriate for AB's transition to 9CC?
  3. 3 Does AB lack capacity to decide on residence, care, and contact?

Ratio Decidendi

AB's best interests require a care plan with 2:1 support during the day and 1:1 at night for the initial period of her return home to 9CC, with regular reviews, therapeutic input, and engagement in activities, as 1:1 support would not sufficiently mitigate risks associated with the transition and stress.

Court Disposition

Declarations and orders made; AB to return home with 2:1 support during the day and 1:1 at night, with detailed care planning and review.

Orders

  • Declaration that AB lacks capacity to decide residence, care, and contact (s.15 MCA).
  • Mental capacity qualifying requirement met; best interests qualifying requirement not met for continued residence at F House beyond 12 weeks.