SCC v FP & Ors.

SCC v FP & Ors.

It is contrary to FP’s best interests for face to face contact with RT to continue for an interim period due to RT’s entrenched, irrational beliefs and conduct, which have a demonstrably negative impact on FP’s mental health, autonomy, and care; indirect contact is to be strictly limited and supervised.

Parties
Applicant: SCC; First Respondent: FP (By her Litigation Friend, NS); Second Respondent: RT; Third Respondent: ST
Jurisdiction
England and Wales
Judgment Date
30 June 2022
Procedural Posture
Welfare Application Under Mental Capacity Act / Final Judgment After Contested Hearing
Outcome
Application granted; contact restricted; injunctive relief continued.
Legal Topics
Best Interests, Contact Restrictions, Privacy, Court of Protection Procedure
Mental Capacity Adult Social Care Human Rights Best Interests Contact Restrictions Privacy Court of Protection Procedure

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Parties

SCC

Applicant

FP (By her Litigation Friend, NS)

First Respondent

RT

Second Respondent

ST

Third Respondent

Procedural Posture

Welfare Application Under Mental Capacity Act / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether it is in FP’s best interests to restrict direct and indirect contact with her mother RT
  2. 2 Whether FP has regained capacity to make decisions about residence, care, and contact
  3. 3 Whether RT’s conduct justifies injunctive relief and restrictions on communication

Ratio Decidendi

It is contrary to FP’s best interests for face to face contact with RT to continue for an interim period due to RT’s entrenched, irrational beliefs and conduct, which have a demonstrably negative impact on FP’s mental health, autonomy, and care; indirect contact is to be strictly limited and supervised.

Court Disposition

Application granted; contact restricted; injunctive relief continued.

Orders

  • No face to face contact between FP and RT for at least five months.
  • Indirect contact limited to one supervised telephone call every fortnight for up to 30 minutes.