The WLR Daily case summaries
[2023] WLR(D) 254
Family Division
Local Authority v LD and another
[2023] EWHC 1258 (Fam)
2023 May 15, 19; 25
Mostyn J
Mental capacity— Incapable person— Interim order— Vulnerable adult living with mother— Mother not permitting or assisting him to access medical care or leave premises— Local authority seeking order under statutory scheme and inherent jurisdiction to remove adult from home for capacity and care assessments— Application of statutory condition that “reason to believe” adult lacking capacity— Evidential threshold imposed by statutory condition— Whether power under inherent jurisdiction to make orders depriving vulnerable but not incapacitous adult of liberty in removing them from neglect or exploitation by carer—
Mental Capacity Act 2005 (c 9), s 48