Appeal arising from contempt proceedings where the appellant, the mother of P, has been sentenced to a custodial sentence but had fled to France. The background to the contempt proceedings is set out in the judgment of Poole J at [2024] EWCOP 8. After the appellant fled to France she continued to post on social media in breach of the injunctions imposed and brought this appeal claiming her daughter was being persecuted as part of a conspiracy by the healthcare professionals. This attitude caused concerns that the appellant lacked capacity to conduct these proceedings.
The central issue in this judgment therefore is what to do given the appellant's refusal to have a capacity assessment and her lack of representation. As King LJ emphasises at [37] The appeal relates to the Appellant's liberty. Should she fail in her appeal she will remain subject to an immediate sentence of imprisonment. If she lacks capacity, it is vital that she has the benefit of representation through the Official Solicitor regardless of whether she ultimately feels able to cooperate with the process. After considering her options, she decides on an interim declaration under s48 of the MCA 2005 as there is reason to believe she does lack capacity so the sentence was stayed pending a further hearing to put the capacity assessment on a 'firmer footing'. Read the judgment on Bailii Comments are closed.
|
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
Support the Hub
This site is free to access but if you find it useful then please consider a contribution by way of support for our work. Click here to contribute. Sign up for our free email alertWe do not share your details with any third parties and you can unsubscribe at any time
More from Bath PublishingBrowseCategories
All
Archives
January 2025
|
This site is published by Bath Publishing Limited
www.bathpublishing.com Manage your email preferences Read the Bath Publishing Privacy Policy |