Rebecca Handcock acted for the local authority in Court of Protection proceedings about the safeguarding of a vulnerable young man. He had been removed from his supported living facility by family members in breach of court orders.
Background to the proceedings
The local authority had had safeguarding responsibility for the 22-year-old man, A after its social workers raised serious concerns about the quality of care given to him when his mother was looking after him.
A has a diagnosis of severe learning disability including autism, microcephaly and global developmental delay.
In summer 2023, the court ruled that it was in his best interests to be moved to supported living accommodation and to restrict his mother and her partner’s contact with him. In April 2024, A was removed from the supported living facility by family members without permission on 3 occasions.
Although he was eventually returned, the local authority was concerned that during these incidents, he had had insufficient medication which was likely to negatively impact his mental health and he also he lacked personal hygiene aids.
On 4 May he was removed again by his mother, so the local authority issued an application seeking injunctive relief for his return. Injunctive orders were made requiring A’s mother and her partner to return A immediately and to cooperate with social services and the police.
However he was not returned.
On 20 May a hearing before a Tier 3 judge took place without notice given to A’s mother and her partner as their whereabouts were unknown.
In that hearing, the local authority’s application for a collection order and for disclosure of phone records to discover the whereabouts of A’s mother’s partner was granted.
Judgment
HHJ McKendrick KC made the order under s 16(5) Mental Capacity Act 2005 and also invoked the High Court’s inherent jurisdiction to avoid uncertainty given the injunctive relief requested by the local authority.
Read the judgment in full in London Borough of Hackney v A & Ors [2024] EWCOP 33
Some days later A was returned to the supported living accommodation.