MASM v MMAM & Ors (Rev 1) [2015] EWCOP 3 (29 January 2015)

MASM v MMAM & Ors (Rev 1) [2015] EWCOP 3 (29 January 2015)

A declaration of best interests made by the Court of Protection, even if expressed in terms of Section 16 of the Mental Capacity Act 2005, is not coercive and cannot be enforced by contempt proceedings. There cannot be 'defiance' or 'enforcement' of a declaration alone; only clear, mandatory orders with penal notices can trigger contempt jurisdiction. The applicant's actions, though contrary to the spirit and objectives of the court's declaration, do not amount to contempt of court.

Citation
[2015] EWCOP 3
Parties
Applicant: MASM; 1st Respondent: MMAM; 2nd Respondent: MM; 3rd Respondent: London Borough of Hackney; 4th Respondent: Homerton University Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Court of Protection Welfare Proceedings / Judgment Following Contested Application Regarding Best Interests and Enforcement of Declaratory Order
Outcome
Application for contempt dismissed; proceedings concluded.
Legal Topics
Declaratory Orders, Enforcement of Court Orders, Best Interests, Contempt of Court, Jurisdiction of Court of Protection
Mental Capacity Law Court of Protection Contempt of Court Declaratory Orders Enforcement of Court Orders Best Interests Jurisdiction of Court of Protection

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Parties

MASM

Applicant

MMAM

1st Respondent

MM

2nd Respondent

London Borough of Hackney

3rd Respondent

Homerton University Hospital NHS Foundation Trust

4th Respondent

Procedural Posture

Court of Protection Welfare Proceedings / Judgment Following Contested Application Regarding Best Interests and Enforcement of Declaratory Order

Legal Issues

  1. 1 What is the legal status of a declaration of best interests in the Court of Protection?
  2. 2 Can a party who deliberately acts in defiance of a declaration be held to be in contempt of court?

Ratio Decidendi

A declaration of best interests made by the Court of Protection, even if expressed in terms of Section 16 of the Mental Capacity Act 2005, is not coercive and cannot be enforced by contempt proceedings. There cannot be 'defiance' or 'enforcement' of a declaration alone; only clear, mandatory orders with penal notices can trigger contempt jurisdiction. The applicant's actions, though contrary to the spirit and objectives of the court's declaration, do not amount to contempt of court.

Court Disposition

Application for contempt dismissed; proceedings concluded.

Orders

  • No order for committal or enforcement; proceedings may be withdrawn or concluded as final.