HN v FL & Anor

HN v FL & Anor

HN's conduct was vexatious and undermined FL's placement and welfare; professional evidence overwhelmingly supported FL's continued residence at the Z Home; FL lacked capacity; it was in FL's best interests to remain at the Z Home with serious restrictions on HN's contact and involvement.

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
Outcome
Application by HN dismissed; restrictions on HN's contact and involvement with FL maintained and penal notices imposed.
Legal Topics
Best Interests, Capacity, Contact Restrictions, Care Home Placement, Mental Capacity Act 2005, Human Rights Act 1998
Mental Capacity Court of Protection Family Law Best Interests Capacity Contact Restrictions Care Home Placement Mental Capacity Act 2005 +1 more

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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

Legal Issues

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

Ratio Decidendi

HN's conduct was vexatious and undermined FL's placement and welfare; professional evidence overwhelmingly supported FL's continued residence at the Z Home; FL lacked capacity; it was in FL's best interests to remain at the Z Home with serious restrictions on HN's contact and involvement.

Court Disposition

Application by HN dismissed; restrictions on HN's contact and involvement with FL maintained and penal notices imposed.

Orders

  • FL to remain at the Z Home; HN not to remove or seek to remove FL from the Z Home.
  • Direct contact between FL and HN limited to once per week, supervised unless in public areas.