Applications concerning placement for a 17 year old with a diagnosis of Autistic Spectrum Disorder, severe learning difficulties, and Tourette’s Syndrome, after he attacked staff at his current placement.
DN had been at the residential school since 2019 (with the consent of his parents). While he made some progress there were episodes where he became aggressive towards the staff culminating in an incident in May 2022 where three of them were injured. The school then gave six weeks notice. Attempts to find an alternative were unsuccessful so the LA sourced an agency who could provide staff to support the school, but they declined to extend the stay as they claimed it would harm their OFSTED rating, so the only options were a hotel or the parents home, described in previous hearings as wholly unworkable by HHJ Widlvblod.
In this urgent hearing, and with no change in the stance of the parties, the parents and the LA, albeit with the greatests reluctance, consented to Mrs Justice Judd’s authorisation of a move to the parents home subject to care plan that constituted a deprivation of liberty. Although the solution ‘was very sub-optimal’ DN will have somewhere to live and be kept physically safe. It was hoped to be a temporary solution only and the case was listed before a s9 judge in two weeks time.
Read the full judgment on the National Archives here.
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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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