South Gloucestershire Council v DN [2022] EWCOP 35 (12 August 2022)
7th September 2022
Poonam Bhari instructed by Charlotte Melhuish of Stone King Solicitors LLP represented the School, which is a small charitable and independent special school, in this challenging, difficult and complex case.
The case concerned DN a 17 year old boy with co-morbid diagnosis of Autistic Spectrum Disorder, Severe Learning Difficulties and Tourette鈥檚 Syndrome who had been residing at the School under Section 20 of the Children Act 1989.
DN physically assaulted staff members at the school in March 2022 leading to staff requiring medical treatment and staff resignation.聽 DN subsequently physically assaulted members of staff in May 2022 resulting in staff long-term sick leave and resignations.
The School gave the Local Authority six weeks鈥� notice to terminate the placement in accordance with its contract with the Local Authority.聽 The Official Solicitor acting on behalf of DN issued proceedings.聽 DN lacked capacity to make decisions as to his care and residence.
Following an initial hearing the School extended the notice twice, initially for a period of a further seven days to enable the Local Authority to find an alternative placement for DN.
The Local Authority, DN and his parents contended that DN should be permitted to live at a house at the School, but not under the care of the School itself, notwithstanding the notice to terminate the placement.聽 The School was concerned about this proposal in light of its statutory obligations (including in relation to 鈥楰eeping Children Safe in Education 2021鈥�), and potential breach of Trustees duties,聽and jeopardising and placing the School鈥檚 OFSTED registration at risk聽due to the dual use of an unregistered placement in a registered children鈥檚 home.
The Court decided that DN must return home as the court cannot 鈥榳ave a magic wand鈥� and provide for a suitable placement for DN where none exists.
Read more about this case here:
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