KL v Manchester City Council & Anor [2024] EWCOP 54 (T1) (20 September 2024)

KL v Manchester City Council & Anor [2024] EWCOP 54 (T1) (20 September 2024)

Given the persistent, serious breaches of court orders by Mr Adamou, the high level of culpability, and the very serious harm and distress caused to the protected party and professionals, only an immediate custodial sentence of 12 months is a necessary and proportionate response to achieve compliance, punishment, and protection of the vulnerable party. Suspension is inappropriate as Mr Adamou has made clear he will not comply voluntarily.

Citation
[2024] EWCOP 54
Parties
Applicant: KL; First Respondent/claimant: Manchester City Council; Second Respondent/defendant: Michael Adamou; Litigation Friend for KL: Grace Whitrick
Jurisdiction
England and Wales
Judgment Date
20 September 2024
Procedural Posture
Committal Proceedings (contempt of Court) Within Court of Protection / Sentencing After Findings of Contempt
Outcome
Immediate custodial sentence of 12 months imposed on Mr Adamou for contempt of court; sentence not suspended.
Legal Topics
Committal for Contempt, Breach of Injunction, Sentencing Principles, Protection of Vulnerable Adults
Court of Protection Contempt of Court Mental Capacity Committal for Contempt Breach of Injunction Sentencing Principles Protection of Vulnerable Adults

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Parties

KL

Applicant

Manchester City Council

First Respondent/claimant

Michael Adamou

Second Respondent/defendant

Grace Whitrick

Litigation Friend for KL

Procedural Posture

Committal Proceedings (contempt of Court) Within Court of Protection / Sentencing After Findings of Contempt

Legal Issues

  1. 1 Whether Mr Adamou was properly served and had sufficient notice of the hearing
  2. 2 Whether sentencing should proceed in his absence
  3. 3 Appropriate sentence for contempt of court in the context of persistent breaches and harm to a protected party

Ratio Decidendi

Given the persistent, serious breaches of court orders by Mr Adamou, the high level of culpability, and the very serious harm and distress caused to the protected party and professionals, only an immediate custodial sentence of 12 months is a necessary and proportionate response to achieve compliance, punishment, and protection of the vulnerable party. Suspension is inappropriate as Mr Adamou has made clear he will not comply voluntarily.

Court Disposition

Immediate custodial sentence of 12 months imposed on Mr Adamou for contempt of court; sentence not suspended.

Orders

  • Mr Adamou to be committed to prison for 12 months for contempt of court.
  • No suspension of sentence.