HN v FL & Anor [2011] EWCOP 2894 (11 October 2011)

HN v FL & Anor [2011] EWCOP 2894 (11 October 2011)

FL lacks capacity to make personal welfare decisions due to brain damage and dementia from multiple sclerosis. The evidence overwhelmingly supports that the Z Home meets FL's needs and she is settled there. HN's conduct has been vexatious, confrontational, and detrimental to FL's welfare and placement stability. It is in FL's best interests to remain at the Z Home with continued and serious restrictions on HN's contact and involvement. The application to move FL and to remove restrictions is refused.

Citation
[2011] EWCOP 2894
Parties
Applicant: HN; First Respondent: FL (by her litigation friend the Official Solicitor); Second Respondent: Hampshire County Council
Jurisdiction
England and Wales
Judgment Date
11 October 2011
Procedural Posture
Personal Welfare Application (court of Protection) / Final Judgment After Contested Hearing
Outcome
Application dismissed. Restrictions on HN's contact and involvement with FL continued and reinforced.
Legal Topics
Best Interests, Capacity, Contact Restrictions, Residence, Court of Protection Procedure
Mental Capacity Health and Welfare Human Rights Best Interests Capacity Contact Restrictions Residence Court of Protection Procedure

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Parties

HN

Applicant

FL (by her litigation friend the Official Solicitor)

First Respondent

Hampshire County Council

Second Respondent

Procedural Posture

Personal Welfare Application (court of Protection) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether FL lacks capacity to make personal welfare decisions
  2. 2 Whether FL should be moved from the Z Home to a new residential nursing home
  3. 3 Whether restrictions on HN's contact and involvement with FL should be removed or amended

Ratio Decidendi

FL lacks capacity to make personal welfare decisions due to brain damage and dementia from multiple sclerosis. The evidence overwhelmingly supports that the Z Home meets FL's needs and she is settled there. HN's conduct has been vexatious, confrontational, and detrimental to FL's welfare and placement stability. It is in FL's best interests to remain at the Z Home with continued and serious restrictions on HN's contact and involvement. The application to move FL and to remove restrictions is refused.

Court Disposition

Application dismissed. Restrictions on HN's contact and involvement with FL continued and reinforced.

Orders

  • FL to remain at the Z Home.
  • HN's contact with FL to remain restricted as per the order, with an upper limit of one hour per visit and supervision requirements.