London Borough of Redbridge v G & Ors

London Borough of Redbridge v G & Ors

On the balance of probabilities, G lacks capacity under sections 2 and 3 of the Mental Capacity Act 2005 due to impairment of her mind or brain, specifically dementia, affecting her ability to make decisions regarding her residence, contact, financial affairs, and litigation. The case falls under the jurisdiction of the Court of Protection. The evidence of Dr Barker is preferred over that of Dr Lowenstein and Mr Gillman-Smith regarding the cause of incapacity. The court will appoint an independent deputy to manage G's property and affairs and direct that C not exercise powers under the Health and Welfare LPA pending further determination.

Parties
Claimant: The London Borough of Redbridge; 1st Defendant: G; 2nd Defendant: C; 3rd Defendant: F
Jurisdiction
England and Wales
Judgment Date
26 February 2014
Procedural Posture
Inherent Jurisdiction / Mental Capacity Act Application / Judgment on Capacity and Directions for Further Proceedings
Outcome
G found to lack capacity under the Mental Capacity Act 2005; case to proceed in the Court of Protection.
Legal Topics
Capacity Assessment, Vulnerable Adults, Inherent Jurisdiction, Lasting Power of Attorney, Court of Protection, Safeguarding Investigations
Mental Capacity Family Law Safeguarding Capacity Assessment Vulnerable Adults Inherent Jurisdiction Lasting Power of Attorney Court of Protection +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The London Borough of Redbridge

Claimant

G

1st Defendant

C

2nd Defendant

F

3rd Defendant

Procedural Posture

Inherent Jurisdiction / Mental Capacity Act Application / Judgment on Capacity and Directions for Further Proceedings

Legal Issues

  1. 1 Whether G lacks capacity under the Mental Capacity Act 2005
  2. 2 Whether G is a vulnerable adult deprived of capacity by constraint, coercion or undue influence
  3. 3 Appropriate legal framework for G's protection and management of her affairs

Ratio Decidendi

On the balance of probabilities, G lacks capacity under sections 2 and 3 of the Mental Capacity Act 2005 due to impairment of her mind or brain, specifically dementia, affecting her ability to make decisions regarding her residence, contact, financial affairs, and litigation. The case falls under the jurisdiction of the Court of Protection. The evidence of Dr Barker is preferred over that of Dr Lowenstein and Mr Gillman-Smith regarding the cause of incapacity. The court will appoint an independent deputy to manage G's property and affairs and direct that C not exercise powers under the Health and Welfare LPA pending further determination.

Court Disposition

G found to lack capacity under the Mental Capacity Act 2005; case to proceed in the Court of Protection.

Orders

  • Application under the MCA 2005 to be issued and case to proceed to determine G's best interests.
  • Independent panel deputy to be appointed to administer G's property and affairs.