A Local Authority v M & Ors
2014
COURT OF PROTECTION
United Kingdom
CORAM
- THE HONOURABLE MR JUSTICE BAKER
Areas of Law
- Human Rights Law
- Health Law
- Families Law
2014
COURT OF PROTECTION
United Kingdom
CORAM
AI Generated Summary
M, a 24-year-old diagnosed with autism, was initially cared for by his parents, particularly his mother, E. When the local authority got involved, conflicts arose, particularly over E's claims that M had health issues linked to the MMR vaccine, which led her to seek numerous unorthodox treatments for M. The authority accused E of fabricating these health claims. The court found that E had indeed fabricated M's conditions and subjected him to unnecessary treatments and declared that she exerted undue control over M. Consequently, E's deputyship was revoked, highlighting serious concerns about her influence on M's life and health decisions.
J U D G M E N T
IMPORTANT NOTICE
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment no person other than the advocates or the solicitors instructing them and other persons named in this version of the judgment may be identified by name or location and that in particular the anonymity of the 1 st Respondent and members of his family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
MR JUSTICE BAKER:
INTRODUCTION
1. M is a 24-year-old man who has been diagnosed with autism and a learning disability, although, as discussed below, that diagnosis is a matter of controversy. For the first 18 years of his life he lived at home with his parents - his mother, hereafter referred to as E, and father, A - where he was by all accounts generally looked after very well. His parents were and are devoted to him and have devoted much of their lives to his care. He attended local special schools and enjoyed a wide range of activities.
2. Until his late teens the family had no contact with the local authority. At that point, however, social services became involved because his parents were looking for a residential placement where he could continue his education. There is no evidence up to that point of any conflict between members of his family and those professionals with whom they came into contact. From that point, however, the picture changed and there has been almost continuous conflict, in particular between M's mother, E, and the local authority. M's parents assert that they have been subjected to a malicious campaign aimed at removing M from their care. The local authority asserts that M has been subjected to a regime characterised by excessive control exercised by E over every aspect of M's life. More seriously, the local authority alleges that E has fabricated accounts of M's health problems and subjected him to unnecessary assessments and treatments, as well as imposing on him an unnecessarily restrictive diet, with a range of unnecessary supplements. There have been several court proceedings concerning the family, culminating in this case, brought by the local authority in the Court of Protection, seeking orders as to M's future residence and care. T