Parr v Cheshire East Council & Anor [2026] EWCOP 1 (T3)

Application for appointment of a personal welfare deputy for Ruby Parr, just turned 18 but born with severe disabilities, and a related application about a transparency order in place.  

It was agreed, in the light of Ruby's disabilities and health issues, that she lacks capacity. Her mother , a former nurse, is her lead carer and made an application to become Ruby's PWD as now Ruby is 18 being her PWD would give her a better voice in Ruby's treatment: some examples are set out at [9]. The initial application has been refused permission but as Poole J points out at [2] by s50(1)(b) of the MCVA "permission is not required to bring an application by someone with parental responsibility for a person under the age of 18 who lacks or is alleged to lack capacity" so he confirms he can proceed to decide the issue.

The judge then reviews the law around PWD applications, in particular the judgment of Hayden J in Lawson, Mottram and Hopton [2019] EWCOP 22. He concludes that, while the appointment of a PWD is rare and that this judgment should not be an inducement to others to make inappropriate applications [40], there is no doubt the appointment would be in Ruby's best interests. He also lifts restrictions on naming Ruby, following an application by a local reporter, as her involvement in these proceedings is already public, there is charity named after her and she is well known in her local community. 

Read the judgment on Bailii