Sunderland City Council v FP & Ors

Sunderland City Council v FP & Ors

The Court found, on the balance of probabilities, that FP lacks capacity to make decisions regarding her residence, care, support, and contact due to her schizophrenia. RT’s behaviour is not in FP’s best interests and is likely to continue. The LPA is revoked under Section 22(4) MCA 2005. It is not in FP’s best interests to live with RT, and a declaration to that effect is made.

Parties
Applicant: Sunderland City Council; First Respondent: FP; Second Respondent: RT; Third Respondent: ST
Jurisdiction
England and Wales
Judgment Date
21 October 2020
Procedural Posture
Mental Capacity/health and Welfare / Final Judgment After Contested Hearing
Outcome
Declarations granted; LPA revoked; findings of fact made; interim declaration made regarding residence; injunction granted.
Legal Topics
Capacity Assessment, Best Interests, Lasting Power of Attorney, Contact Arrangements, Revocation of LPA, Supervised Contact, Abuse of Position, Section 15 Declarations, Section 22(4) MCA 2005
Mental Capacity Law Health and Welfare Court of Protection Capacity Assessment Best Interests Lasting Power of Attorney Contact Arrangements Revocation of LPA +4 more

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Parties

Sunderland City Council

Applicant

FP

First Respondent

RT

Second Respondent

ST

Third Respondent

Procedural Posture

Mental Capacity/health and Welfare / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Does FP lack capacity to make decisions regarding her residence, care, support, and contact?
  2. 2 Should the Court revoke the health and welfare lasting power of attorney appointing RT as attorney?
  3. 3 Should the Court make findings of fact regarding RT’s behaviour and its impact on FP?

Ratio Decidendi

The Court found, on the balance of probabilities, that FP lacks capacity to make decisions regarding her residence, care, support, and contact due to her schizophrenia. RT’s behaviour is not in FP’s best interests and is likely to continue. The LPA is revoked under Section 22(4) MCA 2005. It is not in FP’s best interests to live with RT, and a declaration to that effect is made.

Court Disposition

Declarations granted; LPA revoked; findings of fact made; interim declaration made regarding residence; injunction granted.

Orders

  • Declaration that FP lacks capacity to make decisions regarding her residence, care, support, and contact.
  • Revocation of the health and welfare lasting power of attorney appointing RT as attorney.