A NHS Foundation Trust v G & Ors (Rev1) [2022] EWCOP 25 (23 June 2022)

A NHS Foundation Trust v G & Ors (Rev1) [2022] EWCOP 25 (23 June 2022)

The Court of Protection has jurisdiction to grant injunctive relief under sections 16 and 17 of the Mental Capacity Act 2005, not limited to the appointment of deputies. The evidence, including anonymous statements from nursing staff, direct testimony, and admissions by LF, established a pattern of behaviour by LF, M, and N that undermined G's welfare and sabotaged her transfer to a care home. Injunctive relief is necessary and proportionate to secure G's best interests and effectuate the care plan.

Citation
[2022] EWCOP 25
Parties
Applicant: A NHS Foundation Trust; First Respondent: G (by her litigation friend, the Official Solicitor); Second Respondent: LF; Third Respondent: The M CCG; Fourth Respondent: M; Fifth Respondent: N (as a Litigant in Person)
Jurisdiction
England and Wales
Judgment Date
23 June 2022
Procedural Posture
Court of Protection Application / Judgment on Application for Injunctive Relief
Outcome
Injunctive relief granted
Legal Topics
Injunctive Relief, Best Interests, Jurisdiction of Court of Protection, Admissibility of Hearsay Evidence, Safeguarding, Care Planning
Mental Capacity Health Law Family Law Injunctive Relief Best Interests Jurisdiction of Court of Protection Admissibility of Hearsay Evidence Safeguarding +1 more

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Parties

A NHS Foundation Trust

Applicant

G (by her litigation friend, the Official Solicitor)

First Respondent

LF

Second Respondent

The M CCG

Third Respondent

M

Fourth Respondent

N (as a Litigant in Person)

Fifth Respondent

Procedural Posture

Court of Protection Application / Judgment on Application for Injunctive Relief

Legal Issues

  1. 1 Whether the Court of Protection has jurisdiction to grant injunctive relief under the Mental Capacity Act 2005;
  2. 2 Whether the behaviour of LF, M, and N justifies injunctive relief to secure G's transfer to a care home;
  3. 3 Admissibility and weight of anonymous hearsay evidence from nursing staff;

Ratio Decidendi

The Court of Protection has jurisdiction to grant injunctive relief under sections 16 and 17 of the Mental Capacity Act 2005, not limited to the appointment of deputies. The evidence, including anonymous statements from nursing staff, direct testimony, and admissions by LF, established a pattern of behaviour by LF, M, and N that undermined G's welfare and sabotaged her transfer to a care home. Injunctive relief is necessary and proportionate to secure G's best interests and effectuate the care plan.

Court Disposition

Injunctive relief granted

Orders

  • Injunctions granted against LF, M, and N to regulate their behaviour and prevent interference with G's transfer and care.
  • Implementation of a behavioural framework to support the transition to the care home.