AB v CD (By The Official Solicitor) & Anor
[2024] EWCOP 32
NHS South East London Integrated Care Board v AB & Anor
19 April 2024
[2024] EWCOP 28
Court of Protection
A court decided whether an adult (AB) who can't make her own decisions should live with her mum (M). They tried twice, but both times things didn't work out because of problems between M and the carers. M then decided she didn't want to try again. So the court said AB will stay where she is now, as that's best for her, and mum and AB will still have contact, but not living together.
Key Facts
- •Court of Protection case concerning the best interests of AB, an adult lacking capacity.
- •Proceedings involved determining AB's living arrangements and care.
- •Multiple attempts were made to facilitate AB's return to live with her mother, M.
- •These attempts involved securing suitable housing, developing care plans, and addressing working relationships between M and care professionals.
- •Both attempts to return AB to M's care ultimately failed due to difficulties in establishing satisfactory working relationships.
- •M withdrew from the second trial attempt, ending efforts to return AB to her care.
Legal Principles
Best interests of the person lacking capacity are paramount.
Mental Capacity Act 2005
Outcomes
No further attempts will be made to return AB to live with her mother.
Two serious attempts to facilitate a trial of AB living with M and a support package failed due to difficulties in establishing satisfactory working relationships. M's decision to end the second attempt, coupled with the significant time and resources expended, supports this conclusion. It is deemed unreasonable to subject AB to further changes and disappointments.
AB will remain at HH, a residential placement where she is reported to be settling well.
This is in line with the overall best interest determination for AB, following the unsuccessful attempts to return her to her mother’s care.
Contact between AB and M will continue according to a pre-agreed contact plan.
A structured contact plan aims to maintain a relationship whilst ensuring AB's wellbeing in her current placement.