A Local Authority v BF [2018] EWCA Civ 2962 (21 December 2018)

A Local Authority v BF [2018] EWCA Civ 2962 (21 December 2018)

The High Court's inherent jurisdiction can be used to protect vulnerable adults, including those with capacity, where there is prima facie evidence of vulnerability and potential unsoundness of mind; interim deprivation of liberty is lawful in emergency situations pending full investigation; Hayden J's refusal to...

Source-derived case information.

Citation
[2018] EWCA Civ 2962
Parties
Applicant: A Local Authority; Respondent: BF
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Appeal / Permission to Appeal Application
Outcome
Permission to appeal refused
Legal Topics
Inherent Jurisdiction, Vulnerable Adults, Deprivation of Liberty, Mental Capacity Act 2005, Article 5 ECHR, Personal Autonomy
Family Law Human Rights Law Mental Capacity Law Inherent Jurisdiction Vulnerable Adults Deprivation of Liberty Mental Capacity Act 2005 Article 5 ECHR +1 more

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Parties

A Local Authority

Applicant

BF

Respondent

Procedural Posture

Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the inherent jurisdiction of the High Court can be used to override the capacitous decision of a vulnerable adult to return home
  2. 2 Whether the interim order depriving BF of liberty is 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 High Court's inherent jurisdiction can be used to protect vulnerable adults, including those with capacity, where there is prima facie evidence of vulnerability and potential unsoundness of mind; interim deprivation of liberty is lawful in emergency situations pending full investigation; Hayden J's refusal to discharge the injunction and permit BF's return home was not wrong, given the risks and need for careful planning.

Court Disposition

Permission to appeal refused

Orders

  • Interim injunctions extended; BF to remain at care home or other agreed address until further hearing in January 2019