PB v RB & Ors [2013] EWCOP B41 (12 November 2013)

PB v RB & Ors [2013] EWCOP B41 (12 November 2013)

The power delegated to the deputy to suspend contact for up to 7 days, subject to conditions of necessity, proportionality, and best interests, is a permissible exercise of Section 17(1)(b) of the Mental Capacity Act 2005 and does not amount to a 'prohibition' under Section 17(1)(c) or Section 20(2)(a). The arrangement is part of ongoing contact management, not a strategic or long-term prohibition, and is lawful.

Citation
[2013] EWCOP B41
Parties
Appellant: PB; First Respondent: RB; Second Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
12 November 2013
Procedural Posture
Appeal / Judgment on Appeal From Order of District Judge Eldergill, Court of Protection
Outcome
Appeal dismissed
Legal Topics
Deputy Powers Under Mental Capacity Act 2005, Interpretation of 'prohibiting' Contact, Section 17 and Section 20 Mental Capacity Act, Best Interests, Contact Arrangements for Incapacitated Persons
Mental Capacity Law Public Law Deputy Powers Under Mental Capacity Act 2005 Interpretation of 'prohibiting' Contact Section 17 and Section 20 Mental Capacity Act Best Interests Contact Arrangements for Incapacitated Persons

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

PB

Appellant

RB

First Respondent

Local Authority

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Order of District Judge Eldergill, Court of Protection

Legal Issues

  1. 1 Whether the court can delegate to a deputy the power to suspend contact for up to one week under Section 17(1)(b) of the Mental Capacity Act 2005 without amounting to a 'prohibition' under Section 17(1)(c) and Section 20(2)(a).
  2. 2 Whether the arrangement for up to 7 days' suspension of contact is ultra vires or perverse.

Ratio Decidendi

The power delegated to the deputy to suspend contact for up to 7 days, subject to conditions of necessity, proportionality, and best interests, is a permissible exercise of Section 17(1)(b) of the Mental Capacity Act 2005 and does not amount to a 'prohibition' under Section 17(1)(c) or Section 20(2)(a). The arrangement is part of ongoing contact management, not a strategic or long-term prohibition, and is lawful.

Court Disposition

Appeal dismissed

Orders

  • The order of District Judge Eldergill is upheld, authorising the deputy to suspend contact for up to 7 days subject to specified conditions.