A County Council v LW & Anor

LW lacks capacity to make decisions regarding contact, residence, and care due to the pervasive influence of MG's controlling and abusive behaviour, which compromises her autonomy and welfare. Complete cessation of contact with MG and eviction from LW's home are necessary to safeguard LW's best interests.

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 / Judgment Following Remote Hearing
Outcome: Application granted; LW found to lack capacity; cessation of contact with MG ordered; care planning to proceed.
Legal Topics: Capacity Assessment, Coercive Control, Domestic Abuse, Best Interests, Care Planning

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

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 4 Authorities cited 3 Party arguments 2

Parties

A County Council

Applicant

1st Respondent

AN NHS Social Care Partnership Trust

2nd Respondent

Procedural Posture

Court of Protection / Judgment Following Remote Hearing

Legal Issues

1 Whether LW lacks capacity to make decisions regarding contact, residence, and care
2 Whether cessation of contact with MG is in LW's best interests
3 Appropriate safeguarding measures for LW

Ratio Decidendi

Court Disposition

Application granted; LW found to lack capacity; cessation of contact with MG ordered; care planning to proceed.

Orders

Complete cessation of contact between LW and MG
Eviction of MG from LW's home to be pursued by Local Authority