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England and Wales decisions
Decisions matching the current search
The Court of Protection made capacity declarations for CC, authorised his current care arrangements as a deprivation of liberty, and continued a transparency order.
A Local Authority v ZX [2026] EWCOP 3 (T3) (26 January 2026)
ZX lacks capacity to make decisions about contact with others because his learning difficulty prevents him from using and weighing relevant information in the moment, and this inability is causally linked to his impairment. The deprivation of liberty and restrictions on contact remain necessary and proportionate in ZX's best interests.
Source excerpt
The Court of Protection held that SL should remain at home with her existing care package and paused new placement assessments for six months.
It is necessary and proportionate for the Care Order to remain in force for Emi, despite the local authority's failures, due to ongoing risks from the father, the need for continued monitoring and support, and to ensure Emi's welfare and access to services. Discharge would not guarantee continued support or safeguarding, and the local authority must retain parental responsibility to manage risks and important decisions, especially with the ongoing police investigation.
Source excerpt
E, Re (A Child - Application to Discharge Care Order - Failures of the Local Authority)(Rev1) [2025] EWFC 223 (B) (26 June 2025)
The court refused Emi’s application to discharge a Care Order, finding continued local authority oversight and safeguards remained necessary despite Emi living with their mother.
The court refused Kent County Council’s application to extend a deprivation of liberty order for Holly and criticised the authority’s failure to meet her care needs.
EM, Re (Deprivation of Liberty, Care Planning & Costs) [2024] EWCOP 76 (T2) (19 December 2024)
Court of Protection case on EM's fluctuating capacity, care planning, and costs, with the current care plan approved as a deprivation of liberty and costs awarded against the local authority.
The Court of Protection approved EM’s care plan as a deprivation of liberty and ordered the local authority to pay the Official Solicitor’s costs after procedural breaches.
Simpson, R (On the Application Of) v NHS Mid and South Essex Integrated Care Board [2024] EWHC 3063 (Admin) (06 December 2024)
Judicial review of an NHS Continuing Healthcare plan failed. The court held the ICB's decisions on care provision were lawful and within the range of reasonable responses.
A, R (On the Application Of) v North Central London Integrated Care Board [2024] EWHC 2682 (Admin) (23 October 2024)
Judicial review over children’s continuing care: the court found the ICB breached its duty to ensure an up-to-date health care plan, but upheld the provider change and refused restitution.
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