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Application by HDEB's parents, JB and SB, to be appointed as joint and several deputies for personal welfare ("PWDs"). Application refused but permission to appeal was granted. HDEB is a 22-year-old man. He was diagnosed with autism, attention deficit hyperactivity disorder and oppositional defiant disorder when he was 2-years-old. In the last two years he has also been diagnosed with epilepsy. HDEB requires 1:1 support during the day, waking night supervision and 2:1 support when he is displaying heightened behaviour and when he is in the community. When he turned 18, he moved to his current residential placement, BC in South Wales. JB and SB are HDEB's loving and caring parents who are already HDEB's deputies for property and affairs. This was an application to be appointed as joint and several deputies for personal welfare ("PWDs").
The application was refused for the principle reason that the appointment of PWDs would be an unnecessary infringement of HDEB's right to autonomy as a 22-year-old adult. It would not be in HDEB's best interests to appoint JB and SB as PWDs for HDEB. Collaborative decision making has worked in his best interests and if there are disagreements over major decisions, such as residence, the Court of Protection should resolve those disagreements rather than PWDs. The court came to a different decision in this case than Mr Justice Poole did in Parr v Cheshire East and Anor [2026] EWCOP1, despite the circumstances of HDEB, JB and SB having similarities to that of Ruby and Alison Parr. The court therefore granted permission to JB and SB to appeal to a Tier 3 judge if they wished to do so. Read the full text of the judgment on Bailii Comments are closed.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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