A NHS Foundation Trust v G [2022] EWCOP 25

Injunctions G, now 27 years old, had been in a children's hospital since the age of 13. A previous judgment had decided that she should be transferred to a care home prior to any return home, but her father had sabotaged that placement. The Trust sought injunctive relief against G's father, mother and grandmother, in order to put in place clear boundaries to manage their behaviour. The family argued unsuccessfully that the s16(5) MCA 2005 power to make further "necessary or expedient" orders applied only in the context of the appointment of deputies, that s47(1) MCA 2005 (and therefore s37(1) Supreme Court Act 1981) is not apt to cover restricting behaviours in the context of either a hospital or care home, and that little or no weight should be afforded to the hearsay evidence of anonymous nurses about the father's behaviour. The court granted the relief sought.

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Full judgment: BAILII

Subject(s):

Other capacity cases🔍

Date: 23/6/22🔍

Court: Court of Protection🔍

Judge(s):

Hayden🔍

Parties:

A NHS Foundation Trust🔍
G🔍
LF🔍
M CCG🔍
A Family Member🔍
M🔍
N🔍

Citation number(s):

[2022] EWCOP 25^B

What links here:

Published: 25/6/22 21:52

Cached: 2025-06-13 14:35:12