S, aged 33, had moderate to severe learning disabilities and suffered from atypical autism and epilepsy. Following the death of her mother, S lived with her 66-year-old father. A visiting nurse alleged that she witnessed the father striking S whilst the nurse was attempting to administer a flu injection. Consequently, the local authority instituted adult protection measures. The High Court made a number of interim declarations under its inherent jurisdiction, which rendered it lawful for the local authority to place S in a residential unit for adults with learning difficulties, prohibiting S's father from removing her and limiting the contact between them. S was removed from her father's care and the local authority sought further declarations that she lacked the capacity to decide where she should live, who should care for her and whether, and to what extent, she should have contact with her father. It also sought declarations that it was lawful for S to reside in accommodation arranged by the local authority, and that it was in her best interests for contact with her father to be arranged with the local authority. The father argued that S should return to live with him, that the interim declarations should be discharged and the proceedings dismissed.
展开▼
