Facts: Croydon formed the strong provisional view that W’s placement was no longer suitable and completed assessments of need to that effect. Since W lacked capacity, Croydon arranged a meeting with W’s parents to discuss the assessments. However, they only disclosed the assessments to the parents a short time before the meeting. The parents objected to this late disclosure and stated that they disagreed with much of the content of the assessments. A few days later, Croydon decided to move W and he/the parents brought a judicial review.

Judgment: Ouseley J held that Croydon had not made its mind up before the meeting (although it had had a firm view), but that its consultation with the parents (required by section 4(7) of the Mental Capacity Act 2005) had been inadequate, in that it had not given the parents sufficient time before the meeting to consider the assessments and formulate their response; and by the time the parents did respond, about two weeks after the meeting, the decision had already been taken.