Aberdeenshire Council v SF (No 4) (Residence)
[2024] EWCOP 67 (T3)
AB v CD (By The Official Solicitor) & Anor
3 June 2024
[2024] EWCOP 32
Court of Protection
A young man with disabilities lives with carers, but his mother wants him to live with her. The court decided it's best for him to stay where he is for now, but he'll get regular visits from his mother. A special person will be appointed to help everyone communicate better and make decisions about his care. They will look again at the possibility of him moving in a year.
Key Facts
- •CD, a 27-year-old man with a moderate learning disability and visual and hearing impairments, lives in his own flat with care provided by KL.
- •His care is jointly funded by Sheffield City Council (SCC) and NHS South Yorkshire.
- •The case involves an annual review of CD's deprivation of liberty and a health and welfare application by his mother, AB.
- •AB lives in South West England and there's a dispute over CD's residence and contact arrangements with AB.
- •There's a history of conflict between AB and CD's care providers (KL) and SCC.
- •A professional health and welfare deputy is proposed to aid communication and decision making.
Legal Principles
Best Interests
Mental Capacity Act 2005, Section 1(5)
Least Restrictive Option
Mental Capacity Act 2005, Section 1(6)
Deprivation of Liberty Safeguards (DOLS)
Mental Capacity Act 2005, Section 21A and Schedule A1
Court's Power to Make Decisions and Appoint Deputies
Mental Capacity Act 2005, Section 16
Considerations in Appointing a Deputy
Mental Capacity Act 2005, Section 16(4)
Outcomes
CD to remain at his current residence (EF) for another year.
The court found that, while improvements are needed, CD is safe and generally content at EF, and the risks and unknowns associated with a move to South West England outweigh the potential benefits at this stage.
Regular contact between CD and AB, including 3-night visits in South Yorkshire and visits to South West England.
To promote CD's wellbeing and relationship with his mother while minimizing conflict.
Appointment of Maria Christine Hutchinson as health and welfare deputy.
To improve communication, decision-making, and reduce conflict between AB and professionals.
Review of CD's potential relocation to South West England at the next annual review.
To allow for further assessment of AB's care plan and CD's needs and wishes.
Comprehensive assessment of CD's support needs (1:1 vs 2:1).
To resolve the contentious issue of whether CD requires 2:1 support or if 1:1 is sufficient.