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Application seeking recognition and enforcement of a guardianship order DM is a 28 year old man with autism and has a history of being difficult to manage such that he is considered unable to make safe decisions. A previous guardianship order expired in 2024 and a new one made in March 2025, which is the subject of this application. At [23] Theis J, the Vice President, after reviewing the LA's approach, notes:
"What that evidence demonstrates is the impressive and creative way that Midlothian Council have provided a framework that is real and not illusory in relation to adults such as DM so that they have the appropriate safeguards under Article 5 ECHR, to be able to have effective and real access to the court." Against that background, she allows the application and recognises the new order. Read 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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