A Local Authority v Sam M & Anor

It is not in Sam M's best interests for Helen to reside in his home due to the risk of suboptimal care, toxic atmosphere, breakdown of care package, and stunted rehabilitation; Helen's positive contributions are outweighed by negative impacts, and Sam's contradictory wishes cannot override his welfare needs.

Parties: Applicant: A Local Authority; First Respondent: Sam M; Second Respondent: Helen
Jurisdiction: England and Wales
Judgment Date: 22 April 2024
Procedural Posture: Court of Protection / Ex Tempore Judgment Following Hearing; Decision on Best Interests Declaration
Outcome: Declaration that it is not in Sam M's best interests for Helen to reside in his home; no injunction made at this stage.
Legal Topics: Best Interests, Article 8 ECHR, Bare Licence, Injunction, Care Package, Rehabilitation, Capacity Assessment

Mental Capacity Family Law Human Rights Best Interests Article 8 ECHR Bare Licence Injunction Care Package +2 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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

A Local Authority

Applicant

Sam M

First Respondent

Helen

Second Respondent

Procedural Posture

Court of Protection / Ex Tempore Judgment Following Hearing; Decision on Best Interests Declaration

Legal Issues

1 Is it in Sam M's best interests for Helen to reside in his home?
2 Should Helen's licence to reside be revoked?
3 Should an injunction be made to remove Helen from the property?

Ratio Decidendi

Court Disposition

Declaration that it is not in Sam M's best interests for Helen to reside in his home; no injunction made at this stage.

Orders

Property and affairs deputy to serve notice terminating Helen's licence.
Helen to leave Sam's home within 14 days.