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(Family Division; Hedley J; 15 October 2010)
At issue was whether a court considering an application for a care order in respect of a young person with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under Mental Capacity Act 2005 rather than the Children Act 1989. The child concerned was nearly 17 years old with multiple disabilities including severe learning disability, autism and Tourettes.
The judge made an order of his own initiative that the case be transferred to the Court of Protection applying the Mental Capacity Act 2005 Transfer of Proceedings Order 2007, Art 3.
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