A County Council v LW & Anor [2020] EWCOP 50 (22 July 2020)

LW lacks capacity to make decisions about her care, residence, and contact due to the pervasive and abusive influence of MG; continued contact is not in her best interests and must cease to safeguard her welfare.

Source-derived case information.

Citation: [2020] EWCOP 50
Parties: Applicant: A County Council; 1st Respondent: LW; 2nd Respondent: An NHS Social Care Partnership Trust
Jurisdiction: England and Wales
Judgment Date: 22 July 2020
Procedural Posture: Court of Protection Application / Judgment Following Contested Hearing
Outcome: Application granted; cessation of contact with MG ordered; care planning to proceed with court oversight.
Legal Topics: Best Interests, Capacity Assessment, Coercive Control, Domestic Abuse, Care Planning

Mental Capacity Law Family Law Safeguarding Best Interests Capacity Assessment Coercive Control Domestic Abuse Care Planning

Source-derived case record

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Parties

A County Council

Applicant

1st Respondent

An NHS Social Care Partnership Trust

2nd Respondent

Procedural Posture

Court of Protection Application / Judgment Following Contested Hearing

Legal Issues

1 Whether LW has capacity to make decisions regarding contact, residence, and care
2 Whether continued contact with MG is in LW's best interests
3 Appropriate safeguarding measures for an incapacitated adult

Ratio Decidendi

Court Disposition

Application granted; cessation of contact with MG ordered; care planning to proceed with court oversight.

Orders

Contact between LW and MG to cease immediately, including indirect contact.
Local Authority to liaise with Property and Affairs Deputy to secure MG's eviction from LW's home.

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