PB v RB & Ors [2012] EWCOP 4159 (26 September 2012)

PB v RB & Ors [2012] EWCOP 4159 (26 September 2012)

The court found, on the balance of probabilities, that PB had engaged in a pattern of verbally abusive, aggressive, and obstructive behaviour towards carers, professionals, and family members, which caused distress to RB and others and posed a real risk to the provision of her care. The court held that, absent injunctive relief and strict boundaries, PB's conduct was likely to recur and undermine RB's best interests and welfare.

Citation
[2012] EWCOP 4159
Parties
Applicant: PB; 1st Respondent: RB (by her litigation friend the Official Solicitor); 2nd Respondent: A London Borough; 3rd Respondent: CL; 4th Respondent: DB; 5th Respondent: LA
Jurisdiction
England and Wales
Judgment Date
26 September 2012
Procedural Posture
Court of Protection Mental Capacity Act 2005 / Fact Finding Hearing
Outcome
Findings of fact made; allegations 1-3, 5-8, 10-13 proven; allegations 4 and 9 not proven; court to consider injunctive relief and enforcement of boundaries to protect RB's welfare.
Legal Topics
Best Interests, Capacity to Litigate, Contact and Residence, Injunctions, Care Arrangements, Abuse and Safeguarding
Mental Capacity Family Law Adult Social Care Best Interests Capacity to Litigate Contact and Residence Injunctions Care Arrangements +1 more

Case Brief

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Parties

PB

Applicant

RB (by her litigation friend the Official Solicitor)

1st Respondent

A London Borough

2nd Respondent

CL

3rd Respondent

DB

4th Respondent

LA

5th Respondent

Procedural Posture

Court of Protection Mental Capacity Act 2005 / Fact Finding Hearing

Legal Issues

  1. 1 Whether PB's conduct towards carers, family, and professionals justifies injunctive relief to protect RB's care and welfare
  2. 2 Whether specific allegations of abusive, threatening, or obstructive behaviour by PB are proven on the balance of probabilities
  3. 3 Whether PB's behaviour poses an obstacle to the provision of care to RB

Ratio Decidendi

The court found, on the balance of probabilities, that PB had engaged in a pattern of verbally abusive, aggressive, and obstructive behaviour towards carers, professionals, and family members, which caused distress to RB and others and posed a real risk to the provision of her care. The court held that, absent injunctive relief and strict boundaries, PB's conduct was likely to recur and undermine RB's best interests and welfare.

Court Disposition

Findings of fact made; allegations 1-3, 5-8, 10-13 proven; allegations 4 and 9 not proven; court to consider injunctive relief and enforcement of boundaries to protect RB's welfare.

Orders

  • Court finds PB engaged in abusive, aggressive, and obstructive conduct as detailed in findings.
  • Court to strengthen and enforce boundaries regarding PB's contact and conduct towards RB, carers, and family.