​Norfolk County Council v CA & Ors [2024] EWCOP 64 (T3)

Fact finding hearing and capacity judgment arising from allegations about the behaviour of the second respondent, DA, towards her mother, CA.

Norfolk County Council were seeking orders under the MCA 2005 and alternatively under the inherent jurisdiction of the High Court to protect CA, a 79-year-old woman diagnosed with dementia, from her daughter (DA) who holds lasting powers of attorney for her mother’s health and finances. There had been a history of volatile episodes in the relationship also involving DA's ex-husband (the third respondent) including physical abuse, coercive control, and other forms of mistreatment.

Mrs Justice Arbuthnot first makes findings about the allegations, which she found to have occurred, before going on to consider CA's capacity and best interests. She concludes CA lacks capacity to conduct the Court proceedings, to make decisions about her care and to manage her property and affairs but has capacity to make decisions about contact with others, and to enter into or revoke an LPA. Accordingly she makes an injunction under the inherent jurisdiction with conditions to protect AA.

Read the judgment on the National Archives