A Council v X [2011] EWCOP B10 (09 November 2010)

A Council v X [2011] EWCOP B10 (09 November 2010)

Direct contact between X and Y is not in X's best interests due to Y's persistent abusive and disruptive behaviour, X's advanced dementia and frailty, the lack of suitable venues or supervisors, and the risk of distress to X. The court accepts unchallenged evidence that continued contact would be detrimental and that indirect contact is the only viable option.

Citation
[2011] EWCOP B10
Parties
Applicant: Council; First Respondent: X; Second Respondent: Y
Jurisdiction
England and Wales
Judgment Date
09 November 2010
Procedural Posture
Court of Protection Application / Post Trial Application for Variation of Contact Order
Outcome
Application granted. Declaration made that direct contact between X and Y is not in X's best interests.
Legal Topics
Best Interests Determination, Contact With Incapacitated Adults, Supervised Contact, Article 8 ECHR Rights
Mental Capacity Law Family Law Best Interests Determination Contact With Incapacitated Adults Supervised Contact Article 8 ECHR Rights

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Parties

Council

Applicant

X

First Respondent

Y

Second Respondent

Procedural Posture

Court of Protection Application / Post Trial Application for Variation of Contact Order

Legal Issues

  1. 1 Whether continued direct contact between X and Y is in X's best interests
  2. 2 Whether the court should declare that contact is no longer in X's best interests

Ratio Decidendi

Direct contact between X and Y is not in X's best interests due to Y's persistent abusive and disruptive behaviour, X's advanced dementia and frailty, the lack of suitable venues or supervisors, and the risk of distress to X. The court accepts unchallenged evidence that continued contact would be detrimental and that indirect contact is the only viable option.

Court Disposition

Application granted. Declaration made that direct contact between X and Y is not in X's best interests.

Orders

  • Direct contact between X and Y is terminated.
  • Indirect contact to be made available to Y.