A Local Authority v LD & Anor.
[2023] EWHC 1258 (Fam)
A Local Authority v Sam M & Anor
22 November 2023
[2023] EWCOP 68
Court of Protection
A severely disabled man's mother's drinking and behaviour were harming his care. Even though he wants her to stay, a judge ordered her to leave to protect his well-being. The judge balanced the son's needs with the mother's rights, prioritizing the son's health and safety.
Key Facts
- •Sam M, a man in his 30s, is quadriplegic and severely disabled following a serious assault and clinical negligence.
- •He lives in a specially adapted bungalow, funded by his significant financial compensation, with his mother, Helen, and a team of carers.
- •Concerns arose regarding Helen's behaviour, including intoxication, abusive conduct towards carers, and threats.
- •The local authority initially sought an injunction to remove Helen from the house, but later proposed a six-month adjournment for Helen to address her alcohol and mental health issues.
- •The Official Solicitor, representing Sam, was not initially involved in the agreement to adjourn.
Legal Principles
The Court of Protection's jurisdiction is to make decisions in the best interests of a person lacking capacity, mirroring decisions the person could make if they had capacity.
Mental Capacity Act
The court can declare it not to be in a person's best interests for someone to reside in their home, prompting the property and affairs deputy to revoke the licence.
Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312
The court has the power to make an injunction to remove a person from a property.
A Local Authority & TA, XA, GA and SR [2021] EWCOP 22
When considering best interests under the Mental Capacity Act, the court must consider the person's welfare, wishes and feelings, and Article 8 rights.
Section 4 of the Mental Capacity Act
Outcomes
It is not in Sam's best interests for Helen to continue living in his house.
Helen's behaviour poses a risk of harm to Sam through suboptimal care, a toxic atmosphere, and the risk of care package breakdown. The court found that Helen's alcohol and mental health issues, and their impact on Sam's care, outweigh Sam's wish for his mother to remain in the home.
The court will not issue an injunction at this stage, relying on the property and affairs deputy to revoke Helen's licence.
The deputy is expected to act in Sam's best interests, and Helen is expected to comply with the decision.
Helen is given 14 days to leave the property.
This allows a reasonable time for Helen to vacate the premises.