P appeal against a range of orders relating to her use of social media and consent to sexual relations. LA's cross-appeal against a decision that the P had capacity to decide on where she lived. Appeal dismissed, cross-appeal allowed.
This case concerned the issues of where the Patient should live and who she should see.
The Court made final orders providing for the Patient's continued residence at Address 2, with arrangements for contact with her mother defined.
The Patient, NB, who is autistic, had resided at Address 1 until her very challenging behaviour there led to her being served notice to move out. She then moved to Address 2. Her mother VW had made applications for shared care such that NB could spend time living in the family home and Address 2. The applications were dismissed. The Local Authority and the Official Solicitor were agreed that the court should be invited to make final orders providing for NB's continued residence at Address 2 (she told the court she wanted to move back to Address 1), with arrangements for contact with VW defined, in particular to restrict VW's direct contact with NB to fortnightly on an agreed and predictable day of the week for a specified period so as to give NB the best chance of settling into her new home.
The court concluded that NB's stated wishes in respect of where she lives at present cannot be given decisive weight. Her Litigation Friend took the same view. It is in NB's best interests to continue living at Address 2. As to contact with VW, the court said that it is necessary and proportionate that direct contact between them should be reduced to fortnightly and in accordance with a planned timetable, as the Applicant Local Authority sought.
Read the full text of the judgment on Bailii
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