High Court finds council in contempt of court over failure to comply with mandatory injunction on placement planning for autistic young man

https://www.localgovernmentlawyer.co.uk/adult-social-care/391-adult...

Justice granted with regards to this Court of protection case.

The Local Authority failed in their duties to submit Court paperwork and Court bundles.

The Local Authority failed to forward appropriate Affidavit on time.

The Social Worker thought she had done her job properly.

The claimant’s legal team had applied to initiate contempt proceedings against the council on the basis that the local authority.

The claimant’s legal team had applied to initiate contempt proceedings against the council on the basis that the local authority had:

  • failed to comply with a mandatory injunction set out at paragraph 5 of the order of his Honour Judge Keyser QC [the December Order], on the basis that the defendant did not as of 7 January 2022 and still had not completed future placement planning for the claimant;
  • failed to comply with paragraph 6(a) of that order in that no sworn affidavit had been filed by the relevant director of the Defendant explaining the breach of the injunction.

The young man had learning difficulties and an autistic spectrum disorder.

The background of the case, a Judicial review proceedings was brought in by the claimants mother on his behalf.

Cardiff Local Authority did not defend the claim, they conceded to both grounds with regards to their failings.

The Local Authority had unlawfully failed to prepare a care plan, maintain or review a care plan in a reasonable amount of time.

https://www.bailii.org/ew/cases/EWHC/Admin/2022/707.html

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