This Court of Protection decision LBX v TT and Others 2014 touches on some important issues. It is a case involving a 19 year old girl, and the decision of the Court that she lacked capacity to make decisions for herself and that it would be in her best interests to continue to live in foster care.
The background to this is that there were allegations of serious sexual misconduct by her step-father, who awaits criminal trial. The case had been set down for what would have been quite a long and tricky hearing, particularly in the Court of Protection, to determine the truth of those allegations. Since, if they were not true, the best interests decision would be very different, or potentially very different.
That starts to look like care proceedings, but on a vulnerable adult rather than on a child.
An additional complexity is that whilst mother…
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