PQ (Court Authorised DOL: Representation During Review Period), Re [2024] EWCOP 41 (T3)

Judgment concerning involvement of PQ in reviewing the deprivation of her liberty following earlier orders about capacity and best interests.

PQ is a 23 year old woman with a learning disability which has led to her being vulnerable to sexual exploitation. Proceedings have been ongoing since 2018 with 'final' orders concerning best interests and capacity made in early 2024. An outstanding issue - the arrangements that should be put in place for PQ’s participation and for reviewing the deprivation of her liberty - were directed to be determined by a T3 judge. The difficulty in this case is there was no one suitable to act as, or fund, a representative for PQ's during the review period, partly as PQ was subject to what is known as a community DoL. 

In this judgment, Poole J considers the options available from a starting point that PQ will require a representative. At [55-56] he rejects both the idea of relying on the LA to monitor the DoL, primarily as there would be no independent oversight, and of the Court taking on the role of a r1.2 representative. He then looks at what can be done in practical terms and decides PQ should remain as a party with the OS as litigation friend, even though this unsatisfactory as the work of the could be performed by r1.2 representative at a lower cost. 

Read the judgment on the National Archive