North Yorkshire County Council v MAG [2016] EWCOP 5

DOL authorisation refusal appeal Appeal against refusal of DOL authorisation. "I have had little difficulty in reaching the conclusion that the applications for permission should be granted and the appeals allowed. ... This appears to be a case in which DJ Glentworth uncharacteristically appears to have allowed her understandable concern about MAG's living circumstances, and her palpable frustration at what she saw as NYCC's tardiness in resolving his accommodation issues, to distract her from following a clear path to outcome. The result is one which I consider is unsupportable, and wrong. Picking six key themes from the arguments, I divide my discussion of the judgment into the following sub-headings: (i) Did the judge ask herself the correct question(s)? (ii) The effect of Re MN on these facts; (iii) Has there has been a breach of Article 5? (iv) Taking a decision which MAG could not take for himself; (v) No alternative option; impermissible pressure; (vi) The factual findings."