In the matter if AK (Inherent Jurisdiction: Patient: Move to residential care: Contact)
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2021] NIFam 9 |
| Date | 18 March 2021 |
| Court | Family Division (Northern Ireland) |
1
Neutral Citation No: [2021] NIFam 9
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: KEE11459
ICOS No: 2021/0015
Delivered: 18/03/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
OFFICE OF CARE AND PROTECTION
__________
IN THE MATTER OF AK (INHERENT JURISDICTION: PATIENT: MOVE TO
RESIDENTIAL CARE: CONTACT)
___________
Mr Michael Potter (instructed by DLS Solicitors) for the Applicant
Ms Moira Smyth QC with Ms McCrissican (instructed by Joseph F McCollum Solicitors)
for the Respondents
Ms Louise Murphy (instructed by the Official Solicitor) for AK
___________
KEEGAN J
Introduction
[1] This case relates to a young woman who has severe disability and who is now
aged 18. She has been represented by the Official Solicitor throughout these
proceedings. A Health and Social Care Trust have brought an application for
declaratory relief. This is opposed by the mother and stepfather of AK. These
proceedings have been anonymised to protect the interests of AK, nothing should be
published which would identify her or any of the other adults in this case.
[2] AK is a young woman who was born prematurely at 28 weeks. She has
cerebral palsy, is PEG fed and has severe learning disability. AK is also wheelchair
bound and has mobility issues which have clearly developed as she has got older.
She is a Statemented child who attends a special school at present and can continue
to do so until June 2022. The application for declaratory relief is threefold:
(i) To declare that AK should now be placed in residential care rather than
return home after a hospital stay. That residential care placement has been
identified.
(ii) To authorise the deprivation of liberty.
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