AB, Re [2021] EWCOP 21 (25 January 2021)

AB, Re [2021] EWCOP 21 (25 January 2021)

AB's best interests require a care plan providing 2:1 support during the day and 1:1 at night for an initial period upon her return home to 9CC, with regular reviews, therapeutic and neuropsychological input, and a clear transition plan, as this is the least restrictive option that safely manages risks and aligns with her wishes and progress.

Citation
[2021] EWCOP 21
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 After Contested Hearing
Outcome
Application granted in part; declarations and directions made as to AB's best interests and care plan.
Legal Topics
Best Interests Decision Making, Deprivation of Liberty, Care Planning, Mental Capacity Act 2005, Section 21 a Applications
Mental Capacity Health and Social Care Law Best Interests Decision Making Deprivation of Liberty Care Planning Mental Capacity Act 2005 Section 21 a Applications

Case Brief

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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 After Contested Hearing

Legal Issues

  1. 1 What is in AB's best interests regarding her care arrangements upon return home?
  2. 2 Should AB receive 2:1 or 1:1 care support on her return to 9CC?
  3. 3 Does the current deprivation of liberty at F House remain justified?

Ratio Decidendi

AB's best interests require a care plan providing 2:1 support during the day and 1:1 at night for an initial period upon her return home to 9CC, with regular reviews, therapeutic and neuropsychological input, and a clear transition plan, as this is the least restrictive option that safely manages risks and aligns with her wishes and progress.

Court Disposition

Application granted in part; declarations and directions made as to AB's best interests and care plan.

Orders

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