Bolton Council v KL [2022] EWCOP 24

Re X procedure and 16/17 year olds This detailed judgment addresses a COP9 application made by Bolton Council prior to the hearing for reconsideration of the decision to take the application out of the streamlined (Re X) procedure. It concluded: "KL's age at the time of the application, his being subject to a care order at the time of the application, his absence of family contact and the imminence of transition to adult services were all reasons which clearly led to the conclusion that he should be independently represented, by joinder as a party and appointment of a litigation friend for him." The judge then explained the court's approach: "(a) the court is unlikely to consider that the streamlined procedure is appropriate for authorisation of deprivation of liberty in the living arrangements of 16/17 year olds; (b) the court is unlikely to be critical of an applicant for bringing an application for authorisation of deprivation of liberty in the living arrangements of a 16/17 year old either by COP1 application to the appropriate hub court, or by streamlined application to the central registry at First Avenue House. It follows from (a) that the procedure adopted post-issue is likely to be substantially the same. If/when an in-person attended hearing is required, consideration will be given to transfer to a local hearing centre."


Also: KL (A Minor: deprivation of liberty) [2022] EWCOP 24B


Essex newsletter 123.pdf
This case has been summarised on page 3 of 39 Essex Chambers, 'Mental Capacity Report' (issue 123, June 2022).

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Full judgment: BAILII


Date: 21/6/22🔍

Court: Court of Protection🔍



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Published: 29/6/22 19:26

Cached: 2024-06-22 15:30:15