RGB v Cwm Taf Health Board & Ors [2013] EWCOP B23 (10 October 2013)

RGB v Cwm Taf Health Board & Ors [2013] EWCOP B23 (10 October 2013)

The Health Board lawfully acted on Mrs B's clearly expressed wishes, made when she had capacity, to have no contact with her husband and to exclude him from her care. There was no evidence of undue influence. The applicant is not entitled to contact, information, declarations, damages, or appointment as deputy, as this would be contrary to Mrs B's wishes and not in her best interests.

Citation
[2013] EWCOP B23
Parties
Applicant: RGB; First Respondent: Cwm Taf Health Board; Second Respondent: Rhondda Cynon Taff County Borough Council; Third Respondent: CAB (by her Litigation Friend, Peter Wakeford)
Jurisdiction
England and Wales
Judgment Date
10 October 2013
Procedural Posture
Court of Protection Application / Final Judgment After Contested Hearing
Outcome
All claims dismissed; no relief granted to applicant.
Legal Topics
Advance Decisions, Capacity and Best Interests, Contact With Incapacitated Adults, Right to Family Life, Declarations of Lawfulness
Mental Capacity Law Family Law Human Rights Advance Decisions Capacity and Best Interests Contact With Incapacitated Adults Right to Family Life Declarations of Lawfulness

Case Brief

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Parties

RGB

Applicant

Cwm Taf Health Board

First Respondent

Rhondda Cynon Taff County Borough Council

Second Respondent

CAB (by her Litigation Friend, Peter Wakeford)

Third Respondent

Procedural Posture

Court of Protection Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the Health Board acted unlawfully in denying the applicant access to his wife and information about her well-being
  2. 2 Whether the Health Board unlawfully deprived the applicant and his wife of the right to family life and freedom of assembly/association
  3. 3 Whether the applicant should be appointed as health and welfare deputy for his wife

Ratio Decidendi

The Health Board lawfully acted on Mrs B's clearly expressed wishes, made when she had capacity, to have no contact with her husband and to exclude him from her care. There was no evidence of undue influence. The applicant is not entitled to contact, information, declarations, damages, or appointment as deputy, as this would be contrary to Mrs B's wishes and not in her best interests.

Court Disposition

All claims dismissed; no relief granted to applicant.

Orders

  • Declaration that the Health Board acted lawfully in denying access and information to the applicant.
  • Declaration that there was no unlawful deprivation of family life or freedom of assembly/association.