A Local Authority v BF

A Local Authority v BF

The judge held that, given BF's extreme vulnerability, complex relationship with his son, and the risks to his welfare, the High Court was justified in maintaining the interim order under the inherent jurisdiction pending a full hearing, even though BF was capacitous. There were prima facie grounds to consider BF may be of unsound mind, and emergency protective measures were necessary and proportionate. The refusal to discharge the injunction was not wrong.

Parties
Applicant: A Local Authority; Respondent: BF
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Civil Appeal / Application for Permission to Appeal (interlocutory)
Outcome
Permission to appeal refused
Legal Topics
Inherent Jurisdiction, Vulnerable Adults, Deprivation of Liberty, Mental Capacity, Article 5 ECHR, Article 8 ECHR
Family Law Human Rights Law Mental Health Law Inherent Jurisdiction Vulnerable Adults Deprivation of Liberty Mental Capacity Article 5 ECHR +1 more

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Parties

A Local Authority

Applicant

BF

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (interlocutory)

Legal Issues

  1. 1 Whether the High Court's inherent jurisdiction can be used to override the capacitous wishes of a vulnerable adult to return home
  2. 2 Whether the interim order depriving BF of his liberty was lawful under Article 5 ECHR
  3. 3 Whether BF is of unsound mind within the meaning of Article 5(1)(e) ECHR

Ratio Decidendi

The judge held that, given BF's extreme vulnerability, complex relationship with his son, and the risks to his welfare, the High Court was justified in maintaining the interim order under the inherent jurisdiction pending a full hearing, even though BF was capacitous. There were prima facie grounds to consider BF may be of unsound mind, and emergency protective measures were necessary and proportionate. The refusal to discharge the injunction was not wrong.

Court Disposition

Permission to appeal refused

Orders

  • Interim injunctions maintained until further hearing
  • BF to remain at care home pending final determination