KL v Manchester City Council & Anor

KL v Manchester City Council & Anor

Given the persistent, serious breaches of court orders by Mr Adamou, the significant harm and distress caused to the protected party and professionals, and his clear refusal to comply or engage with the process, the only proportionate and effective sanction is an immediate custodial sentence of 12 months. Suspension would not achieve compliance, and no mitigating factors exist.

Parties
Applicant/protected Party: KL; First Respondent/claimant: Manchester City Council; Second Respondent/defendant: Michael Adamou
Jurisdiction
England and Wales
Judgment Date
25 September 2024
Procedural Posture
Court of Protection Committal/contempt Proceedings / Sentencing After Findings of Contempt
Outcome
Immediate custodial sentence for contempt of court
Legal Topics
Committal for Contempt, Court of Protection Orders, Sentencing for Breach of Injunction, Protection of Vulnerable Adults
Mental Capacity Contempt of Court Civil Procedure Committal for Contempt Court of Protection Orders Sentencing for Breach of Injunction Protection of Vulnerable Adults

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Parties

KL

Applicant/protected Party

Manchester City Council

First Respondent/claimant

Michael Adamou

Second Respondent/defendant

Procedural Posture

Court of Protection Committal/contempt Proceedings / Sentencing After Findings of Contempt

Legal Issues

  1. 1 Whether Mr Adamou was properly served and had notice of the hearing
  2. 2 Whether the court should proceed in the absence of the respondent
  3. 3 Appropriate sentence for contempt of court for breach of injunction order

Ratio Decidendi

Given the persistent, serious breaches of court orders by Mr Adamou, the significant harm and distress caused to the protected party and professionals, and his clear refusal to comply or engage with the process, the only proportionate and effective sanction is an immediate custodial sentence of 12 months. Suspension would not achieve compliance, and no mitigating factors exist.

Court Disposition

Immediate custodial sentence for contempt of court

Orders

  • Mr Adamou is committed to prison for 12 months for contempt of court, to serve no more than 6 months in practice.
  • No suspension of sentence; sentence to take immediate effect.