A recent judgment in the high court highlights the long-term use of the Inherent Jurisdiction to protect an older woman from her partner of 60 years. Because she had mental capacity the MCA could not be used so instead the Inherent Jurisdiction was applied. The case concerned a vulnerable 78 year old woman with MS, a history of strokes and Alzheimers disease, leading to extensive care needs.
The judge stated: ‘I have no doubt at all about the love which FH has for MH, and MH for his wife, but MH's aggressive conduct as observed by professionals and care staff, his ungoverned temper at times, his interference with the proper provision of care for FH in the care home, render the making of injunctive orders necessary in FM's best interests.’ Applying the Inherent Jurisdiction the judge prevented them from living together and any contact between them had to be supervised.
Download the two judgments from:
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