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(Court of Protection; Hedley J; 21 December 2009)
A child with severe epilepsy was placed with a carer at the age of 6 who then adopted the child after two years. There were persistent disputes between the carer and medical professionals as to the child's condition and treatment. Proceedings began in the Court of Protection after the carer withdrew all epilepsy medication and the now adult was admitted to hospital because of his fits. The key issue was whether the carer or authority should assume care of adult.
The adult lacked capacity in relation to the litigation due to a mild learning disability. The adult expressed a strong desire to live with the carer and regard was given to those views. However, a trial placement at home had been brought to an end following concerns that the carer was withholding medication and trying to restrict activity.
Court concluded that the adult was to attempt independent living. Contact with carer to continue, although with some limitations.
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