Gloucestershire County Council and AB (By Her Litigation Friend, The Official Solicitor), SB and NHS Gloucestershire Integrated Care Board [2022] EWCOP 42

Application concerning care plans for AB where there is a risk that she will self harm.

AB is 18 years old, though she was 17 when she first became subject to these proceedings. In September 2022, the local authority granted a further standard authorisation in respect of AB’s care and support arrangements which was challenged by the OS. In preparation for the hearing, it was revealed that AB had been self-harming. In the light of this, the OS submitted that an operational duty had arisen under article 2 of the ECHR for the LA to take reasonable steps to protect AB from a real and immediate risk to her life.

The parties then agreed an approach encapsulated in an anonymised order forming part of this judgment,  (published because of the exceptional circumstances) limiting AB’s internet usage when in distress and access to implements she could use for self-harm. The order also acknowledges that these plans are in AB’s best interest even though they are an interference with her Art 5 and 8 rights.

Read in full on the National Archives