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(Court of Protection; Baker J; 11 October 2010)
A young adult was placed with foster carers as child. Concerns about some comments by the vulnerable adult led to a safeguarding referral, during which the vulnerable adult was removed from the carer and placed in a residential unit. A safeguarding investigation proved inconclusive.
The judge reviewed the Mental Capacity Act 2005 as amended and concluded that adult was undoubtedly being deprived of liberty. The judge decided that the adult should not to be returned to the carer in interim, but later, however, ordered the return of the adult to the carer.
An application was made for the appointment of the carer and sister as deputies for personal welfare and an application was made by the sister to act as litigation friend in place of the Official Solicitor. The application for appointment deputies was refused and complaints against the Official Solicitor were rejected. It was not necessary for the adult's carer and sister to be appointed deputies in order for the carer role to be fulfilled. Routine decisions could be taken by the carer, including decisions about holidays and respite care; decisions about education were to be taken collaboratively, and; decisions about medical care were to be taken by treating clinicians in consultation with the carer and sister. Any disagreement would lead to an application to the Court of Protection.
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