ND (Court of Protection: Costs and Declarations) [2020] EWCOP 42

The OS was seeking declarations that the LA had failed in its duties under the Children Act 1989 and the Care Act 2014 in respect of the P.  The declarations were made and costs were awarded against the LA.

The P was 18 and had been known to the LA for a couple of years. Various orders had been made under the Children Act 1989. This hearing was to consider declarations sought by the OS that the LA had failed to provide the P with a choate pathway plan in accordance with its duties as a relevant and now former relevant child under section 23 of the Children Act 1989; failed to provide the P with a choate care and support plan in accordance with its duties under section 25 of the Care Act 2014 (to include identification of suitable accommodation) and court order; and failed to support the P having regard to its statutory duties under the Children Act 1989 and Care Act 2014 which has exacerbated the P's presentation, reinforced his poor view of the LA, and resulted in the P being reluctant to engage with all professionals or seeking support should the need arise.

The court made the declarations sought. The court had already granted five extensions to the deadline for the LA's final evidence, due to a series of non-compliance but despite this, the LA still failed to provide a choate care and support plan. The difficulties in the P's behaviour and his failure consistently to engage positively with the social workers did not justify or excuse the failures of the LA. Costs were also awarded against the LA.

Read the full text of the judgment on Bailii