England and Wales Case Law

London Borough of Barking & Dagenham v Mother & Ors

The court finds that the mother has not completed necessary therapeutic work, has limited insight into her parenting difficulties, and missed significant contact, resulting in risks of neglect and emotional harm to ZC. Placement with paternal grandmother under a Special Guardianship Order is in ZC's best interests, providing stability, safety, and consistent care. Further assessment is unnecessary given the totality of evidence.

Source excerpt

• Special guardianship order
• Threshold criteria
• Parental responsibility
• Contact arrangements
• Child welfare
• Residential assessment

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Birmingham City Council v EM & Anor

Immediate removal of both children from mother's care is necessary and proportionate due to ongoing risk of harm, mother's inability to provide safe parenting without 24/7 supervision, and lack of available support options. The threshold for interim care order is met and no alternative placement is feasible.

Source excerpt

• Interim care order
• Removal of children
• Parenting with support
• Learning disability
• Threshold for removal
• Proportionality

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Oxfordshire County Council v M & Ors

Oxfordshire County Council v M & Ors [2025] EWFC 239 (B) (31 July 2025)

Care proceedings concerning five children. The court found threshold proved and made care, special guardianship, and adoption-related orders, while refusing parental responsibility for the father.

• Care orders
• Special guardianship orders
• Placement orders
• Adoption
• Parental responsibility
• Declaration of parentage

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JC v Cornwall Council & Ors

The Court of Protection held that JC lacks capacity to engage in sexual relations because they cannot understand non-verbal signals of consent and withdrawal.

• Capacity to engage in sexual relations
• Best interests
• Consent
• Learning disability
• Autism spectrum traits
• Capacity-to-engage-in-sexual-relations

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JC v Cornwall Council & Ors

JC v Cornwall Council & Ors [2024] EWCOP 75 (T2) (23 October 2024)

The Court of Protection held that JC lacks capacity to decide to engage in sexual relations because learning disability and autistic-like traits prevent understanding consent cues.

• Capacity to engage in sexual relations
• Best interests
• Learning disability
• Consent
• Autism spectrum traits
• Capacity-to-engage-in-sexual-relations

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R v Kamaladin Ismael

The Court of Appeal quashed Kamaladin Ismael’s convictions after finding he was unfit to plead when he entered guilty pleas in April 2020.

• Fitness to plead
• Unfit to plead
• Guilty plea
• Quashing convictions
• Youth offenders
• Autism spectrum disorder

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Ismael, R. v

Ismael, R. v [2024] EWCA Crim 301 (27 March 2024)

The Court of Appeal held that Kamaladin Ismael was unfit to plead when he entered guilty pleas, quashed the convictions, and ordered no retrial.

• Fitness to plead
• Unfitness to plead
• Guilty plea
• Fresh evidence
• Youth justice
• Autism spectrum disorder

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PW v Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s PIP decision and remitted the case, finding it had failed to properly distinguish learning disability from learning difficulties.

• Personal independence payment
• Learning disability
• Tribunal procedure
• Evidence assessment
• Personal-independence-payment
• Learning-disability

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Wyrebek v Circuit Court, Gliwice, Poland

Wyrebek v Circuit Court, Gliwice, Poland [2023] EWHC 951 (Admin) (27 April 2023)

High Court allowed an extradition appeal, holding that fresh psychological evidence showed extradition would cause exceptional hardship and be disproportionate under Article 8.

• Article 8 echr
• Proportionality
• Mental health in extradition
• Learning disability
• Fresh evidence on appeal
• Extradition

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Lancashire & South Cumbria NHS Foundation Trust & Anor. v AH

The Court of Protection held that AH lacked capacity to decide on residence, care, information sharing, and conducting the proceedings, relying on expert evidence and the Mental Capacity Act 2005.

• Mental capacity assessment
• Deprivation of liberty
• Best interests
• Learning disability
• Personality disorder
• Autism

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