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’s 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. 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’ notice to terminate the placement in accordance with its contract with the Local Authority. The Official Solicitor acting on behalf of DN issued proceedings. 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. The School was concerned about this proposal in light of its statutory obligations (including in relation to ‘Keeping Children Safe in Education 2021’), and potential breach of Trustees duties, and jeopardising and placing the School’s OFSTED registration at risk due to the dual use of an unregistered placement in a registered children’s home.

The Court decided that DN must return home as the court cannot ‘wave a magic wand’ and provide for a suitable placement for DN where none exists.