London Borough of Hackney v A & Ors [2024] EWCOP 33

Ex-tempore judgment concerning the welfare of A, a vulnerable young man who had gone missing and may have travelled to Spain.

The applicant local authority exercises safeguarding responsibility for A, who is 22 years old and possibly has a Spanish passport. He is the P in underlying proceedings in the Court of Protection, brought because of concerns about the care he receives while with his mother, B, and which led him to residing in a placement. He was removed from the placement and had not been seen by social services since 4 May 2024 so the LA applied for a collection order and for an order against two telephone companies to provide for disclosure of information which will assist in identifying the whereabouts of the second respondent, B.

John McKendrick KC, sitting as a Deputy High Court Judge and a Tier 3 Judge of the Court of Protection, first states that A is habitually resident in England and Wales. He then decides he can grant the orders under s16(5) of the MCA but to avoid any doubt he also invokes the inherent jurisdiction "to provide further and wider jurisdiction should it be necessary". He makes the orders against the telephone companies and at [30] states that any interference with the human rights of the second and third respondents is entirely proportionate. 

Read the judgment on Bailii