04 April 2012
A Local Authority and others v DL [2012] EWCA Civ 253, [2012] All ER (D) 211 (Mar)
Court of Appeal, Civil Division, Maurice Kay, McFarlane and Davis LJJ, 28 Mar 2012
The High Court has inherent jurisdiction to handle cases which involve vulnerable adults in circumstances where the Mental Capacity Act 2005 is not engaged.
Paul Bowen and Alison Pickup for the authority. Nathalie Lieven QC and Alex Durance for the defendant.
M and G were an elderly married couple. Their son, the defendant, lived with them at the home which was owned by G. The claimant local authority was concerned about the defendant's conduct towards his parents, which, it contended, had been aggressive and had resulted in physical violence. It further alleged that the defendant had controlled who could visit his parents and the terms upon which they might visit, including visits by health and social care professionals who provided care and support to M. It had also received reports that the defendant had tried to coerce
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