Contact orders and the Mental Capacity Act
- Edge Training
- Apr 4
- 1 min read
The Court of Protection has recently sent a man to prison for continued breach of a contact order designed to protect a woman who lacked mental capacity living in the community. The court found: ‘...the significant negative impact which this regular unsupervised contact is having on P... she speaks of Mr. Grundy’s anger and his temper, that she feels frightened in his presence...P is often stated or seen to be scared when discussing Mr. Grundy with professionals. She expresses no pleasure from Mr. Grundy’s visits...’
District Judge Davies stated: ‘Having considered all the relevant matters, to include the mitigation put forward on behalf of Mr. Grundy, the sad reality is that only a sentence of immediate imprisonment is appropriate in this case now.’
‘Firstly, I will activate the existing suspended sentence. Moving on to the recently proven breaches again I am of the view that, the custody threshold having been passed, the appropriate sentence is one of 28 days' immediate imprisonment.’
It is important to note this action represents a culmination of multiple court rulings over several years where other far less restrictive options where attempted.
The full judgment is available from:
Edge Training & Consultancy run a range of courses on the Mental Capacity Act. Our next Events can be booked HERE. If you would like to enquire about commissioning us for this course please email admin@edgetraining.org.uk or call 07825 731139
Comentarios