We were instructed by the Official Solicitor on behalf of a 17-year-old who had a diagnosis of mixed disorder of conduct and emotions. There was disagreement between the authorities and people involved in her life about whether she had capacity to make decisions about her residence and care arrangements.

Our client had spent three years detained in a medium secure unit before being discharged into a community placement, where she was subject to both a deprivation of liberty order (due to the risk she posed to herself and others) and a Community Treatment Order. The local authority applied to the Court of Protection to extend the deprivation of liberty order. The Official Solicitor was appointed to act as her litigation friend, and the Official Solicitor then instructed us to represent our client during the proceedings.

This case was complex as there were issues with the existing capacity evidence. However, we successfully advocated for a further capacity assessment, and this concluded that our client did have capacity to make decisions about her residence and care arrangements.

Based on this, our client was then able to decide whether she wanted to remain in the residential placement and what level of care she wanted. This afforded our client the independence she had been seeking for some time after being subject for many of her teenage years to restrictive arrangements. A large degree of responsibility was taken by Maya due to our client’s young age and the issues involved in the case.