MacPherson v Sunderland City Council [2024] EWCA Civ 1579

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