Contact orders, the Mental Capacity Act and safeguarding adults
- Edge Training
- 3 days ago
- 1 min read
Two recent cases from the Court of Protection have highlighted the use and power of contact orders to safeguard vulnerable adults. When a person lacks mental capacity in relation to contact with others (or a specific person) Local Authorities, ICBs (or others) can apply to the Court of Protection for a contact order to protect the person concerned. If the person (with mental capacity) breaches those orders the Court can take action which ultimately can lead to imprisonment. Two recent cases have highlighted this:
Mr G - A prior contact order of only supervised visits between P (a woman lacking mental capacity to contact) and Mr G. She was living in her own home with LA support with issues of hoarding and feral cats. The court found Mr G had breached the contact order multiple times: ‘...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...’ District Judge Davies: ‘...I am of the view that, the custody threshold having been passed, the appropriate sentence is one of 28 days' immediate imprisonment.’
Download the judgment: https://www.bailii.org/ew/cases/EWCOP/2025/2.html
Ms S - Repeated breaches of a contact order by a daughter in relation to seeing her mother in care home, repeatedly calling ambulance service for her mother when there was medical issue, intimidating and threatening staff. Her Honour Judge Richardson: ‘...my clear view is that 168 days is that appropriate period of imprisonment.’