AB v CD (By The Official Solicitor) & Anor [2024] EWCOP 32

Consolidated proceedings involving an annual review of the continued deprivation of liberty of CD (in operation since 2019) and health and welfare application by his mother, AB

The issues behind the applications are summarised by HHJ Baddeley at [6]:

i) Where should CD live and receive care and support: should he remain at EF [the current placement]  with care provided by KL [the current provider] or should he move to South West England to live initially with AB (with support through direct payments funding a personal assistant or assistants).

ii) If CD remains living in South Yorkshire what should the contact arrangements be with AB, both in South Yorkshire and in South West England.

iii) Should a health and welfare deputy be appointed for CD.

After an extensive review of the evidence and the relevant law, the judge finds there was a gap between the attitude to risk between AB and the carers: the latter being more risk averse while AB feels her son can achieve much more. While he finds the carers can do more to encourage CD, he finds the risk to CD in AB's plan to move him to the South West are not in his best interests though he does relax the restrictions on AB's contact with her son. Further he decides this is a rare case when the court should appoint a deputy, funded by the local authority. 

Read the judgment on Bailii