A Local Authority v P & Anor (Rev 1) [2015] EWCOP B2 (16 November 2015)

A Local Authority v P & Anor (Rev 1) [2015] EWCOP B2 (16 November 2015)

The court found that CMS had breached the court orders on 15 occasions based on a combination of direct and sufficiently weighty hearsay evidence, and that the breaches were frequent, deliberate, and to the detriment of a vulnerable person. Given the failure of previous sanctions, an immediate custodial sentence was...

Source-derived case information.

Citation
[2015] EWCOP B2
Parties
Applicant: Local Authority; Respondent: CMS; Subject: P
Jurisdiction
England and Wales
Judgment Date
16 November 2015
Procedural Posture
Court of Protection Committal Proceedings / Judgment After Hearing of Evidence on Alleged Breaches of Court Orders
Outcome
CMS found in contempt of court for 15 breaches; immediate custodial sentence imposed.
Legal Topics
Breach of Injunction, Committal for Contempt, Hearsay Evidence, Vulnerable Adults
Court of Protection Contempt of Court Elder Law Breach of Injunction Committal for Contempt Hearsay Evidence Vulnerable Adults

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Parties

Local Authority

Applicant

CMS

Respondent

P

Subject

Procedural Posture

Court of Protection Committal Proceedings / Judgment After Hearing of Evidence on Alleged Breaches of Court Orders

Legal Issues

  1. 1 Whether CMS breached court orders prohibiting attendance at P's property
  2. 2 Whether hearsay evidence is sufficient to prove breaches to the criminal standard
  3. 3 Appropriate sentence for proven breaches

Ratio Decidendi

The court found that CMS had breached the court orders on 15 occasions based on a combination of direct and sufficiently weighty hearsay evidence, and that the breaches were frequent, deliberate, and to the detriment of a vulnerable person. Given the failure of previous sanctions, an immediate custodial sentence was the only appropriate response.

Court Disposition

CMS found in contempt of court for 15 breaches; immediate custodial sentence imposed.

Orders

  • Six months' imprisonment for breaches 1 to 5 and six months' imprisonment for breaches 6 to 21, to be served concurrently.
  • Suspended committal order not activated; matter adjourned for formal drawing of committal order.