FP London Borough of Southwark v P and Ors [2021] EWCOP 46

6th May 2022

Represented a young woman, through the Official Solicitor, in a successful application to discharge her mother as a party to Court of Protection proceedings issued by the local authority over concerns that she had suffered severe neglect and alleged abuse at home. The daughter asserted that she felt unable to participate in the proceedings while her mother remained a party. The mother argued that her Article 8 rights would be infringed if she were no longer a party. The court held that where there was a conflict between the Article 8 rights of a vulnerable adult and those of a third party in the Court of Protection, the rights of the vulnerable adult must prevail.

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