An ICB v G & Ors

An ICB v G & Ors

The court found, on the balance of probabilities, that G's family members (LF, GR, and CJ) engaged in a sustained pattern of intimidating, bullying, and controlling behaviour towards care home staff, including deliberate tampering with G's ventilatory support and oxygen equipment, with the intention of undermining the placement and discrediting staff. The evidence from staff, supported by covert recordings and documentary material, was compelling and consistent, while the family's denials were not credible. The family's conduct posed a serious risk to G's welfare and autonomy, and the court rejected the family's counter-allegations of conspiracy and negligence by staff as unfounded.

Parties
Applicant: AN ICB; First Respondent: G (by her litigation friend, the Official Solicitor); Second Respondent: LF; Third Respondent: A Lead Operating Group; Fourth Respondent: GR; Fifth Respondent: CJ
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Court of Protection Welfare / Fact Finding Judgment After Contested Hearing
Outcome
Findings of fact made against the family; family found to have engaged in bullying, intimidation, and tampering; counter-allegations by family dismissed; directions for future best interests planning for G to be considered by ICB and Official Solicitor.
Legal Topics
Best Interests Determination, Fact Finding Hearing, Welfare of Incapacitated Adult, Safeguarding, Medical Treatment Disputes, Abuse of Process, Professional Conduct, Covert Recordings, Tampering With Medical Equipment
Mental Capacity Law Health Law Family Law Best Interests Determination Fact Finding Hearing Welfare of Incapacitated Adult Safeguarding Medical Treatment Disputes +4 more

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Parties

AN ICB

Applicant

G (by her litigation friend, the Official Solicitor)

First Respondent

LF

Second Respondent

A Lead Operating Group

Third Respondent

GR

Fourth Respondent

CJ

Fifth Respondent

Procedural Posture

Court of Protection Welfare / Fact Finding Judgment After Contested Hearing

Legal Issues

  1. 1 Whether G's family members engaged in intimidating, bullying, or tampering behaviour towards care staff and equipment
  2. 2 Whether the family or staff were responsible for alleged failures in G's care
  3. 3 Whether the placement at the care home remains in G's best interests given the family’s conduct

Ratio Decidendi

The court found, on the balance of probabilities, that G's family members (LF, GR, and CJ) engaged in a sustained pattern of intimidating, bullying, and controlling behaviour towards care home staff, including deliberate tampering with G's ventilatory support and oxygen equipment, with the intention of undermining the placement and discrediting staff. The evidence from staff, supported by covert recordings and documentary material, was compelling and consistent, while the family's denials were not credible. The family's conduct posed a serious risk to G's welfare and autonomy, and the court rejected the family's counter-allegations of conspiracy and negligence by staff as unfounded.

Court Disposition

Findings of fact made against the family; family found to have engaged in bullying, intimidation, and tampering; counter-allegations by family dismissed; directions for future best interests planning for G to be considered by ICB and Official Solicitor.

Orders

  • Findings of fact as set out in narrative;
  • Family’s involvement in G’s care to remain restricted;