Argyll and Bute Council v RF (No 2) (Registration under Sch 3 MCA 2005)

Facts

RF, a 65-year-old man born and raised in Scotland, has two siblings living in the area where he grew up. Some 30 years ago he was involved in a road traffic accident, after which his behaviour became more volatile, although no brain injury was ever diagnosed. He had a history of challenging behaviour from a young age, was admitted to hospital in 2008 and diagnosed with clinical depression, and incapacity reports in 2024 suggested cognitive impairment, learning disabilities and a personality disorder. A succession of Scottish placements broke down through his challenging behaviour and serious self-neglect; after a period in prison from July 2023 he was moved in December 2023 to Z placement in London, which was never intended to be permanent. Argyll and Bute Council issued Court of Protection proceedings in May 2024 seeking authorisation of his deprivation of liberty, and HHJ Hilder determined in January 2025 that RF remained habitually resident in Scotland. The Sheriff Court made a three-year guardianship order in January 2025, but in Argyll and Bute Council v RF this court refused to recognise it. Following amendment of that order and the making of a fresh one-year order on 13 February 2026, the local authority applied under Schedule 3 to the Mental Capacity Act 2005 for its recognition and enforcement.