A County Council v E & Ors [2012] EWCOP 4161 (09 July 2012)

A County Council v E & Ors [2012] EWCOP 4161 (09 July 2012)

E and K lack capacity to make decisions about residence, care, and contact. There were significant and admitted breaches of previous court orders by SB and JB, causing distress and risk to E and K and threatening their placements. The best interests of E and K require that contact with Mrs B be at the discretion of the local authority and that contact with Mr B be prohibited, with injunctive relief and penal notices necessary to protect E and K's welfare and placements. The orders are proportionate and necessary to safeguard E and K, given the history of breaches and the risk of harm.

Citation
[2012] EWCOP 4161
Parties
Applicant: A County Council; 1st Respondent: E (by their litigation friend, the Official Solicitor); 2nd Respondent: K (by their litigation friend, the Official Solicitor); 3rd Respondent: SB; 4th Respondent: JB
Jurisdiction
England and Wales
Judgment Date
09 July 2012
Procedural Posture
Court of Protection Personal Welfare Application / Final Hearing Following Fact Finding and Admissions
Outcome
Final orders made: contact with Mrs B at local authority's discretion; contact with Mr B prohibited; injunctive relief and penal notices imposed.
Legal Topics
Best Interests Determination, Contact Arrangements, Injunctions and Penal Notices, Capacity to Litigate, Safeguarding Vulnerable Adults
Mental Capacity Law Family Law Public Law Best Interests Determination Contact Arrangements Injunctions and Penal Notices Capacity to Litigate Safeguarding Vulnerable Adults

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Parties

A County Council

Applicant

E (by their litigation friend, the Official Solicitor)

1st Respondent

K (by their litigation friend, the Official Solicitor)

2nd Respondent

SB

3rd Respondent

JB

4th Respondent

Procedural Posture

Court of Protection Personal Welfare Application / Final Hearing Following Fact Finding and Admissions

Legal Issues

  1. 1 Whether E and K lack capacity to make decisions about residence, care, and contact
  2. 2 Whether breaches of previous court orders occurred
  3. 3 What contact arrangements are in E and K's best interests

Ratio Decidendi

E and K lack capacity to make decisions about residence, care, and contact. There were significant and admitted breaches of previous court orders by SB and JB, causing distress and risk to E and K and threatening their placements. The best interests of E and K require that contact with Mrs B be at the discretion of the local authority and that contact with Mr B be prohibited, with injunctive relief and penal notices necessary to protect E and K's welfare and placements. The orders are proportionate and necessary to safeguard E and K, given the history of breaches and the risk of harm.

Court Disposition

Final orders made: contact with Mrs B at local authority's discretion; contact with Mr B prohibited; injunctive relief and penal notices imposed.

Orders

  • Contact between E/K and Mrs B to be at the discretion of the local authority, taking into account E and K's wishes and feelings.
  • Contact between E/K and Mr B is prohibited without express written permission of the local authority and in accordance with E and K's wishes.