Norfolk County Council v CA & Ors
[2024] EWCOP 64 (T3)
Wakefield Metropolitan District Council v FH & Ors
20 March 2024
[2024] EWHC 830 (Fam)
High Court
An elderly woman's husband was abusive. Even though she's capable of making her own decisions, a court ordered that the husband can only see her with supervision to keep her safe. The court made sure the costs of this supervision were covered.
Key Facts
- •FH (81 years old) diagnosed with Alzheimer's, MS, ataxia, history of strokes, anxiety, depression, epilepsy, and colon cancer.
- •Application by Wakefield Metropolitan District Council to protect FH as a vulnerable adult under the inherent jurisdiction.
- •FH's husband, MH, allegedly abusive towards FH, physically and emotionally.
- •FH is capacitous but requires protection from MH's abusive behavior.
- •Concerns raised about MH's interference with FH's care and medication.
- •FH expresses love for MH but acknowledges her vulnerability.
- •Agreed order reached between parties to continue injunctions protecting FH.
Legal Principles
Inherent jurisdiction of the court to protect vulnerable adults with capacity.
Re SA (Vulnerable Adult with Capacity: Marriage) [2005] EWHC 2942 (Fam) and DL v. A Local authority [2012] EWCA Civ. 253
Proportionality and interference with Article 8 rights (ECHR).
Re SA (Vulnerable Adult with Capacity: Marriage) [2005] EWHC 2942 (Fam) and DL v. A Local authority [2012] EWCA Civ. 253
Presumption of capacity under the Mental Capacity Act 2005.
Mental Capacity Act 2005
Care Act 2004 for funding of safeguarding arrangements.
Care Act 2004
Outcomes
Continued injunctions prohibiting MH from removing FH from her residence or any Trust premises and from having direct contact without third-party support.
To protect FH from MH's abusive conduct and ensure her safety and well-being.
Local authority responsible for funding supervision of MH's contact with FH in the community.
In accordance with the Care Act 2004.
Mid Yorkshire NHS Trust responsible for funding supervised contact during FH's treatment at their facilities.
Agreed upon by the parties.