| Display title | CD v London Borough of Croydon [2019] EWHC 2943 (Fam) |
| Default sort key | CD v London Borough of Croydon (2019) EWHC 2943 (Fam) |
| Page length (in bytes) | 1,679 |
| Page ID | 10370 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 23:42, 3 November 2019 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 11:54, 8 October 2021 |
| Total number of edits | 2 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | (1) Cobb J discussed the inherent jurisdiction, setting out the following summary: (a) first the inherent jurisdiction may be deployed for the protection of vulnerable adults, (b) secondly in some cases a vulnerable adult may not be incapacitated within the meaning of the 2005 Mental Capacity Act but may nevertheless be protected under the inherent jurisdiction; (c) third that in some of those cases capacitous individuals may be of unsound mind within the meaning of article 5(i)(e) of the European Rights Convention; (d) fourth, in exercising my powers under the inherent jurisdiction I am bound by the European Convention and the case law under the convention and must only impose orders that are necessary and proportionate and at all times have proper regard to the personal autonomy of the individual; and (e) fifth and finally, that in certain circumstances it may be appropriate for a court to take or maintain interim protective measures while carrying out all necessary investigations. (2) In the end he made an interim order under MCA 2005 s48 enabling the Local Authority to gain access to CD's accommodation in order to provide appropriate care and make it safe for human habitation. (3) CD was a vulnerable adult but the order was made under the MCA because the judge was "satisfied that it is more appropriate, where statute provides a route, that the statute is used". |
