LB Haringey v FG and Others (No.2)

Judge: Hedley J.

Citation: [2011] EWHC 3933 (COP)

Summary: Having determined that the relevant individual, HG, lacked the capacity to litigate and take relevant decisions as a preliminary issue in LB Haringey v FG and Others (No.1) [2011] EWHC 3932, Hedley J. went on to make a series of decisions as to what lay in her best interests, in particular whether she should continue to be accommodated by the local authority or to return home to live with her mother. With no disrespect to Hedley J. or, indeed, to HG, there are no features in his judgment which call for specific comment save perhaps, two, namely:

(a) as with B v M [2010] EWHC 3802 (Fam), [2010] COPLR Con Vol 247, this was a case which had started out as proceedings under the Children Act 1989 but were then transferred to continue under the MCA 2005 given HG’s age;
(b) Hedley J. met HG before evidence was given, meeting with her in the company of the solicitor instructed by the Official Solicitor and the Official Solicitor’s representative, and reporting in open court the conversation he had had with her. Hedley J did not given any specific reason for having taken this step, but it is one that in our respectful submission is one that could fruitfully be adopted in many more cases where the nature of P’s particular disability allows.

CategoryBest interests - Contact, Best interests - Residence Date


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