A Primary Care Trust v AH [2008] EWHC 1403 (Fam)

Reasons given for making an interim order under the Mental Capacity Act 2005 relating to a 22 year old adult male suffering from severe epilepsy.

Related judgments

P v Independent Print Ltd [2011] EWCA Civ 756

A Primary Care Trust v P [2009] EW Misc 10 (EWCOP)


The proceedings had been instigated by the local primary care trust responsible for the care of TH, the adult in question. They were concerned that both P and his adoptive mother were not complying with the medication regime set out by the doctors; indeed the mother was increasingly of the opinion that traditional medication was making matters worse. The matter had initially been heard before Munby J who made declarations that P lacked capacity to make decisions about his treatment and social needs. Consequently he made an order specifying who should manage his treatment and envisaging P’s admission to a hospital for assessment. These arrangements broke down and so the matter came before Hogg J who again made orders that were not complied leading to this hearing.

In the judgment, The President, Sir Mark Potter confirmed the earlier declarations about TH’s capacity and also highlights the concerns that the close identification of the mother with her son made it difficult to determine whether his views were his own. He also had to consider whether, under the Mental Capacity Act, he could make orders similar to those he could make under the inherent jurisdiction of the Family Division. Citing recent cases from other judges and particularly Charles J, he concludes that he can and so proceeded to make an order for P’s removal to hospital for assessment away from his mother with the use of proportionate restraint if necessary.

Family Law Week have kindly agreed for their case summary to be used on this page (see link below).



Judgment from Judiciary website (copy)

Summary on Family Law Week website