Argyll and Bute Council v RF [2025] EWCOP 12 (T3)

Application for recognition and enforcement of Scottish Guardianship order

RF is 64 years old and lacked capacity to make decisions about his residence and care and support. In March 2021 a guardianship order for three years was made expiring in June 2024. During that time RF was placed in England though a further Guardianship order was granted in January 2025. A hearing before HHJ Hilder found RF was still habitually resident in Scotland so a temporary order for his deprivation of liberty was made in anticipation of application by the LA for recognition of the 2025 order.

The questions before Theis J, The Vice President, were then 

(1) Does the 2025 Guardianship order give the local authority the power to authorise the deprivation of RF's liberty in England?

(2) If so, should the Court of Protection in England and Wales recognise and enforce the 2025 Guardianship order?

After reviewing the submissions and the relevant authorities, she concludes the order is unlawful under s 6(1) HRA 1998 noting at [87]

"I am aware of the high bar that should be met before finding that the processes of a court in another jurisdiction breached natural justice. However, I am satisfied that this case was not urgent, as the previous order had lapsed over six months earlier. RF was not given an effective opportunity to be heard and that omission amounted to a breach of natural justice."

Further, recognition of the order was "manifestly contrary to public policy" so she exercised her discretion to refuse recognition. 

Read the judgment on Bailii