Re FD  EWHC 2358 (Fam)
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In re FD (Vulnerable Adult) (Injunction: Power of Arrest)B
2016 Sept 9; 28
Judge Clifford Bellamy sitting as a High Court judge
High Court — Jurisdiction — Injunctive relief — Vulnerable adult with capacity — Local authority seeking injunction to restrict access to vulnerable adult — Local authority seeking to attach power of arrest to restraining injunction — Whether jurisdiction to attach power of arrest to injunction — Family Law Act 1996 (c 27), s 42A (as inserted by Domestic Violence, Crime and Victims Act 2004 (c 28), s 1)
On the local authority’s application, the court exercising its inherent wardship jurisdiction had made FD, a vulnerable but capacitous young person aged 17 with learning difficulties, a ward of court until her eighteenth birthday. FD having turned 18, the local authority sought injunctions under the court’s inherent protective jurisdiction to prevent her father and his male friend, GH, from having contact with FD or going to her home and a power of arrest in relation to the restraining injunction against GH. Pending the substantive hearing, the judge granted interim restraining injunctions with a power of arrest attached to the injunction concerning GH. A further hearing took place to consider whether the court in fact had power to attach a power of arrest to an injunction granted by the High Court under its inherent jurisdiction to protect capacitous but vulnerable adults.
On the further hearing—
Held, power of arrest attached to injunction against GH discharged. The court clearly had power under its inherent protective jurisdiction to grant an injunction to protect a capacitous but vulnerable adult to whom the provisions of the Mental Capacity Act 2005 did not apply, but as in the case of its wardship jurisdiction, the court exercising its inherent jurisdiction to protect vulnerable adults could not attach a power of arrest to an injunctive order. Neither was there any longer a statutory power in the civil and family jurisdiction under Part IV of the Family Law Act 1996 to attach a power of arrest to a non-molestation injunction. Accordingly, the court had no jurisdiction to attach a power of arrest to the restraining injunction (paras 23, 24, 35, 40, 42, 44, 48).
In re G (Wardship) (Jurisdiction: Power of Arrest)  4 FLR 538Not on Bailii!, CA applied.
In re L (Vulnerable Adults with Capacity: Court’s Jurisdiction) (No 2)B, CA considered.
In re SA (Vulnerable Adult with Capacity: Marriage)B distinguished.
Michael O'Brien QC for the local authority.
FD and her father in person.
GH did not appear and was not represented.
Reported by: Jeanette Burn, Barrister