Blackburn with Darwen Borough Council v AD

Facts

AD is a boy of almost sixteen who is the subject of both care proceedings under Part IV of the Children Act 1989, brought by Blackburn with Darwen Borough Council, and parallel proceedings under the inherent jurisdiction concerning his deprivation of liberty. The evidence, spanning many months, records repeated self-harm, overdoses, suicidal ideation, ingestion of glass, ligaturing, absconding, vulnerability to exploitation, repeated police and ambulance involvement, hospital admissions and previous detention under the Mental Health Act 1983. His mother, who had repeatedly sought help and advocated for him, reached the point of feeling unable to continue caring for him safely. His most recent specialist placement has terminated because it considers itself unable to care for him safely, and he remains in a general hospital which has cleared an entire children's ward so that he may reside there with security, subject to 24/7 3:1 supervision, receiving sedative medication directed at his behaviour but no active treatment of his core mental disorder, and with no safe discharge plan. Assessments have repeatedly concluded that he does not meet the criteria for detention under the Mental Health Act. The court had two statements from Dr Z, a consultant psychiatrist, formulating AD's difficulties as autism, ADHD, developmental trauma, attachment difficulties and emotional dysregulation, together with the assessment material, and conflicting evidence as to his Gillick competence. The matter came before the court for further consideration of both sets of proceedings.