A Local Authority v DL & Ors

A Local Authority v DL & Ors

The High Court has inherent jurisdiction to grant protective injunctions for vulnerable adults with capacity at the application of a local authority, where there is evidence of constraint, coercion, or undue influence, and where statutory remedies are inadequate. Section 222 of the Local Government Act 1972 also arguably provides jurisdiction for such relief. The orders are justified on an ex parte basis to prevent immediate harm, with liberty to apply for variation or discharge.

Parties
Applicant: A Local Authority; Respondent: DL; Respondent: RL; Respondent: ML
Jurisdiction
England and Wales
Judgment Date
25 October 2010
Procedural Posture
Family / Ex Parte Application for Protective Injunction
Outcome
Application granted (ex parte, without notice)
Legal Topics
Inherent Jurisdiction, Protection of Vulnerable Adults, Local Authority Powers, Non Molestation Injunctions
Family Law Public Law Inherent Jurisdiction Protection of Vulnerable Adults Local Authority Powers Non Molestation Injunctions

Case Brief

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Parties

A Local Authority

Applicant

DL

Respondent

RL

Respondent

ML

Respondent

Procedural Posture

Family / Ex Parte Application for Protective Injunction

Legal Issues

  1. 1 Whether the High Court has inherent jurisdiction to grant protective injunctions for vulnerable adults with capacity at the application of a local authority
  2. 2 Whether section 222 of the Local Government Act 1972 provides jurisdiction for such relief
  3. 3 Whether there is a lacuna in statutory protection for adults with capacity who are vulnerable

Ratio Decidendi

The High Court has inherent jurisdiction to grant protective injunctions for vulnerable adults with capacity at the application of a local authority, where there is evidence of constraint, coercion, or undue influence, and where statutory remedies are inadequate. Section 222 of the Local Government Act 1972 also arguably provides jurisdiction for such relief. The orders are justified on an ex parte basis to prevent immediate harm, with liberty to apply for variation or discharge.

Court Disposition

Application granted (ex parte, without notice)

Orders

  • Protective injunctions granted against DL restraining unlawful conduct towards Mr and Mrs L
  • Official Solicitor to conduct a Harbin v Masterman investigation