MB v PB (by her litigation friend the Official Solicitor)

MB v PB (by her litigation friend the Official Solicitor)

MB exhibited a pattern of coercive and controlling behaviour before and after P's admission to care, negatively impacting P's welfare and care provision. Continued placement in the care home is in P's best interests, with contact restrictions justified to preserve her welfare and the care home's ability to provide appropriate care.

Parties
Applicant: MB; 1st Respondent: PB; 2nd Respondent: A Local Authority; 3rd Respondent: A Health Board
Jurisdiction
England and Wales
Judgment Date
15 March 2022
Procedural Posture
Welfare Application Under Mental Capacity Act / Fact Finding Judgment
Outcome
Continued placement of P in care home with ongoing virtual contact; possibility of trial face-to-face contact to be explored; limited email communication to be permitted subject to compliance.
Legal Topics
Deprivation of Liberty Safeguards, Best Interests, Coercive and Controlling Behaviour, Contact Restrictions, Capacity Assessment
Mental Capacity Family Law Adult Safeguarding Deprivation of Liberty Safeguards Best Interests Coercive and Controlling Behaviour Contact Restrictions Capacity Assessment

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Parties

MB

Applicant

PB

1st Respondent

A Local Authority

2nd Respondent

A Health Board

3rd Respondent

Procedural Posture

Welfare Application Under Mental Capacity Act / Fact Finding Judgment

Legal Issues

  1. 1 Whether MB exhibited coercive and controlling behaviour before and after P's admission to care
  2. 2 Impact of MB's conduct on care staff and provision of care
  3. 3 Whether MB undermined P's relationships with family

Ratio Decidendi

MB exhibited a pattern of coercive and controlling behaviour before and after P's admission to care, negatively impacting P's welfare and care provision. Continued placement in the care home is in P's best interests, with contact restrictions justified to preserve her welfare and the care home's ability to provide appropriate care.

Court Disposition

Continued placement of P in care home with ongoing virtual contact; possibility of trial face-to-face contact to be explored; limited email communication to be permitted subject to compliance.

Orders

  • P's virtual contact with MB shall continue.
  • Consideration to be given to trial period of face-to-face contact in care home pod, subject to further hearing.