SF (Injunctive Relief) [2020] EWCOP 19 (20 April 2020)

SF (Injunctive Relief) [2020] EWCOP 19 (20 April 2020)

The Court of Protection has the statutory power to grant injunctive relief in support of and to ensure compliance with its best interests decisions and orders, by virtue of ss.16(2), 16(5), 17(1)(c), and 47(1) of the Mental Capacity Act 2005, and the enforcement provisions of the Court of Protection Rules 2017.

Citation
[2020] EWCOP 19
Parties
Applicant: A Local Authority; Respondent: SF
Jurisdiction
England and Wales
Judgment Date
20 April 2020
Procedural Posture
Court of Protection Application for Injunctive Relief / Judgment on the Power of the Court of Protection to Grant Injunctive Relief
Outcome
Application granted in part; injunction under inherent jurisdiction discharged and replaced with injunction under Court of Protection powers.
Legal Topics
Court of Protection Powers, Injunctive Relief, Best Interests, Enforcement of Orders
Mental Capacity Law Injunctions Court of Protection Powers Injunctive Relief Best Interests Enforcement of Orders

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Parties

A Local Authority

Applicant

SF

Respondent

Procedural Posture

Court of Protection Application for Injunctive Relief / Judgment on the Power of the Court of Protection to Grant Injunctive Relief

Legal Issues

  1. 1 Does the Court of Protection have the power to grant injunctive relief?
  2. 2 What is the statutory basis for such power, if it exists?

Ratio Decidendi

The Court of Protection has the statutory power to grant injunctive relief in support of and to ensure compliance with its best interests decisions and orders, by virtue of ss.16(2), 16(5), 17(1)(c), and 47(1) of the Mental Capacity Act 2005, and the enforcement provisions of the Court of Protection Rules 2017.

Court Disposition

Application granted in part; injunction under inherent jurisdiction discharged and replaced with injunction under Court of Protection powers.

Orders

  • Discharge of injunction made under inherent jurisdiction of the High Court against VK.
  • Substitution with injunction in the same terms made under the powers of the Court of Protection.