SCC v LM & Ors

SCC v LM & Ors

JM lacks capacity to make decisions regarding residence, care, contact, and property/financial affairs due to Alzheimer's and vascular dementia. His best interests are served by remaining at AH under the Local Authority's care plan, with the Local Authority appointed as deputy for his property and affairs. WM is unfit to care for JM due to psychological and behavioural issues. Contact with family is to be suspended and reviewed. Injunctions and publicity restrictions are necessary and proportionate to protect JM's welfare and prevent further breaches.

Parties
Applicant: SCC; 1st Respondent: LM; 2nd Respondent: IM; 3rd Respondent: WM; 4th Respondent: EM
Jurisdiction
England and Wales
Judgment Date
12 April 2012
Procedural Posture
Court of Protection Welfare and Property / Final Judgment
Outcome
Application granted. Orders made as to residence, care, deputyship, contact, injunctions, passport, and publicity.
Legal Topics
Best Interests, Deprivation of Liberty, Deputy Appointment, Contact Arrangements, Injunctions, Contempt of Court, Publicity Restrictions
Mental Capacity Family Law Human Rights Best Interests Deprivation of Liberty Deputy Appointment Contact Arrangements Injunctions +2 more

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Parties

SCC

Applicant

LM

1st Respondent

IM

2nd Respondent

WM

3rd Respondent

EM

4th Respondent

Procedural Posture

Court of Protection Welfare and Property / Final Judgment

Legal Issues

  1. 1 Whether JM lacks capacity to make decisions regarding residence, care, contact, and property/financial affairs
  2. 2 What arrangements are in JM's best interests regarding residence, care, contact, and finances
  3. 3 Whether WM or the Local Authority should be appointed as deputy for JM's property and affairs

Ratio Decidendi

JM lacks capacity to make decisions regarding residence, care, contact, and property/financial affairs due to Alzheimer's and vascular dementia. His best interests are served by remaining at AH under the Local Authority's care plan, with the Local Authority appointed as deputy for his property and affairs. WM is unfit to care for JM due to psychological and behavioural issues. Contact with family is to be suspended and reviewed. Injunctions and publicity restrictions are necessary and proportionate to protect JM's welfare and prevent further breaches.

Court Disposition

Application granted. Orders made as to residence, care, deputyship, contact, injunctions, passport, and publicity.

Orders

  • JM to remain at AH under Local Authority care plan.
  • Local Authority appointed as deputy for JM's property and affairs.