“…least risky to the individual’s physical wellbeing. This is an example of the “protection imperative” to which I referred in PH v ALocal Authority, Z Ltd and R [2011] EWHC 1704 (Fam) and CC v KK [2012] EWHC 2136 (COP), drawing on the observations of Ryder LJ in Oldham MBC v GW andPW [2007] EWHC136 (Fam) [2007] 2 FLR 597 – the need to protec…”
“…areful not to discriminate against persons suffering from a mental disability by imposing too high a test of capacity: see, for example, PH v A Local Authority [2011] EWHC 1704 (Fam) at [16xi].…”