Court of Protection penalises local authority failures (Re ND (Court of Protection—costs and declarations))

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Local Government analysis: The Court of Protection made declarations that the local authority had acted unlawfully in failing to comply with its duties under the Care Act 2014 (CA 2014) and the Children Act 1989 (ChA 1989) and in failing to support a young person with autistic spectrum disorder (ASD). The local authority was ordered to pay the costs of the Official Solicitor and those of ND’s father. Orders had been made directing the local authority to file evidence, including a care and support plan (in accordance with CA 2014, s 25) and a pathway plan (in accordance with ChA 1989, s 23). The local authority failed to comply with those orders. This case provides an important warning for local authorities that the directions of the court must be complied with. Written by Christine Cooper, barrister at Field Court Chambers.