SCC v FP & Ors [2022] EWCOP 30 (30 June 2022)

SCC v FP & Ors [2022] EWCOP 30 (30 June 2022)

It is contrary to FP’s best interests for face-to-face contact with RT to continue for the next five months due to the harmful impact of RT’s conduct on FP’s mental health, stability, and placement. FP continues to lack capacity regarding residence, care, and contact. Indirect contact is to be reduced and strictly supervised. RT’s entrenched, irrational beliefs and repeated breaches of court orders justify these restrictions.

Citation
[2022] EWCOP 30
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
Court of Protection Welfare Application / Interim Order Following Final Hearing
Outcome
Application granted in substantial part; interim orders made.
Legal Topics
Best Interests Determination, Contact Restrictions, Deprivation of Liberty, Capacity Assessment, Injunctions, Privacy and Confidentiality
Mental Capacity Law Family Law Health and Social Care Law Best Interests Determination Contact Restrictions Deprivation of Liberty Capacity Assessment Injunctions +1 more

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Parties

SCC

Applicant

FP (by her Litigation Friend, NS)

First Respondent

RT

Second Respondent

ST

Third Respondent

Procedural Posture

Court of Protection Welfare Application / Interim Order Following Final Hearing

Legal Issues

  1. 1 Whether it is in FP's best interests to suspend face-to-face contact with her mother RT for at least five months
  2. 2 Whether to reduce indirect contact and restrict RT's communications with FP and professionals
  3. 3 Whether FP continues to lack capacity regarding residence, care, and contact

Ratio Decidendi

It is contrary to FP’s best interests for face-to-face contact with RT to continue for the next five months due to the harmful impact of RT’s conduct on FP’s mental health, stability, and placement. FP continues to lack capacity regarding residence, care, and contact. Indirect contact is to be reduced and strictly supervised. RT’s entrenched, irrational beliefs and repeated breaches of court orders justify these restrictions.

Court Disposition

Application granted in substantial part; interim orders made.

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, subject to strict conditions.