In a recent case, A County Council v LW & Anor [2020], an application was brought by a Local Authority in relation to the Protected Party’s capacity. The Protected Party was 60 years of age, and three years prior to the application, the Protected Party was admitted to a unit. The Protected Party was initially detained under the Mental Health Act 1983. When the Protected Party was admitted to the unit, she was described as being in a ‘truly parlous condition’ and it was clear that her personal hygiene was neglected.
In 1991, the Protected Party had been diagnosed as having Bipolar Affective Disorder. However, the main concern in relation to the Protected Party’s life seemed to be the long term relationship she had formed. The judge described the relationship as being abusive, exploitative, coercive and wholly inimical to the Protected Party’s welfare. It became clear that she was emaciated due to her partner restricting her food intake, limiting her to one potato and salad per day. The abusive partner had also forbidden the Protected Party from wearing underwear and engaging in activities she enjoyed, such as playing the piano, in order to meet his distorted perceptions on religion.
Whilst the Protected Party had been residing at the unit, her partner had still been living in her property, which had been neglected and was in a state of disrepair. The Protected Party’s partner has declined various requests from the Local Authority for them to meet with him or to assess the property.
The entire team who surrounded the Protected Party had a shared view that she would benefit considerably from a complete cessation of contact with her abusive partner. An application was made to decide where she should live and whether or not she should continue to have contact with her abusive partner.
If the Protected Party was allowed to return to her property with the partner, it was considered that the Court would be exposing her to a regime of controlling and abusive behaviour which was certainly not within her best interests. It was agreed by the Court that contact should be ceased between the Protected Party and her abusive partner and that the Local Authority and the Property and Affairs Deputy would progress the matter in order to evict the partner from the Protected Party’s property, in her best interests.
Please contact Casey for more information at casey.mcgregor@clarionsolicitors.com
