P (Vulnerable Adult: withdrawal of Application)

P (Vulnerable Adult: withdrawal of Application)

The court found that, although P is a vulnerable adult lacking capacity due to undue influence, the risks she faces on returning to her father do not reach the threshold of real and immediate risk of degrading treatment under Article 3 ECHR. The local authority had taken all reasonable steps to safeguard P, and further protective orders would be disproportionate and unjustified. The inherent jurisdiction is not unboundaried and cannot be used where further intervention is unlikely to alter P’s situation or would constitute an unjustifiable interference with her rights.

Parties
Applicant: A Local Authority; First Respondent: P; Second Respondent: Y; Third Respondent: X
Jurisdiction
England and Wales
Judgment Date
25 July 2024
Procedural Posture
Inherent Jurisdiction Application (family Division) / Withdrawal of Application / Final Judgment
Outcome
Application withdrawn by consent; proceedings concluded without further orders
Legal Topics
Vulnerable Adults, Inherent Jurisdiction, Deprivation of Liberty, Article 3 ECHR, Article 8 ECHR, Domestic Abuse, Undue Influence, Safeguarding, Withdrawal of Proceedings
Family Law Mental Capacity Law Human Rights Vulnerable Adults Inherent Jurisdiction Deprivation of Liberty Article 3 ECHR Article 8 ECHR +4 more

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Parties

A Local Authority

Applicant

P

First Respondent

Y

Second Respondent

X

Third Respondent

Procedural Posture

Inherent Jurisdiction Application (family Division) / Withdrawal of Application / Final Judgment

Legal Issues

  1. 1 Whether the court should continue to make protective orders under the inherent jurisdiction for a vulnerable adult subject to undue influence
  2. 2 Whether withdrawal of protective orders would breach P’s Article 3 and Article 8 ECHR rights
  3. 3 Whether the local authority had discharged its statutory safeguarding obligations

Ratio Decidendi

The court found that, although P is a vulnerable adult lacking capacity due to undue influence, the risks she faces on returning to her father do not reach the threshold of real and immediate risk of degrading treatment under Article 3 ECHR. The local authority had taken all reasonable steps to safeguard P, and further protective orders would be disproportionate and unjustified. The inherent jurisdiction is not unboundaried and cannot be used where further intervention is unlikely to alter P’s situation or would constitute an unjustifiable interference with her rights.

Court Disposition

Application withdrawn by consent; proceedings concluded without further orders

Orders

  • Local authority’s proposals for support and accommodation approved as appropriate discharge of statutory obligations
  • No further orders regulating P’s residence or constraining her choices