AB, Re [2021] EWCOP 21

Hearing to decide how and when the P could transfer from a care home to the home of her parents.

The P is diagnosed with a congenital hemiplegia/cerebral palsy following a perinatal hypoxic brain injury. She has a diagnosis of Organic Personality Disorder as well as anxiety and depression and has left-sided weakness and loss of vision in her left eye. She has a full-scale IQ score of 85 on cognitive assessment.
AB has a history of multiple psychiatric admissions, imprisonment and breakdown of previous placements. She has violently assaulted people including care workers, committed criminal damage, set fire to her accommodation and has criminal convictions as a result. AB is awaiting sentence in the Crown Court in respect of further assaults in January 2019, and for assaults upon members of the public, staff and the police in May and September 2019. She was remanded in custody in respect of the criminal proceedings in September 2019 and released on bail on 11th March 2020. At the time of the hearing, she was residing in a care home. The purpose of the hearing was to determine how best to plan for her return to her parent's home.

The court held that it was in the P's best interests for her to move to her parent's home with a package of care comprising 2:1 staffing during the day (with a minimum of one female staff member on duty at all times)) and 1:1 at night (which must be a female carer), and that the move shall take place no sooner than 8 weeks (4th February 2021) and no later than 12 weeks (4 March 2021) from the date of the hearing.

​Read the full text of the judgment on Bailii