Fluctuating capacity, fact- finding, contact, injunctive relief and Nearest Relative Displacement

Francesca Gardner represents P in complex concurrent Court of Protection proceedings and Mental Health Act 1983 proceedings before Lieven J. In this complex and unusual case the court considered substantive applications in the Court of Protection and an application under s.29 Mental Health Act 1983 to displace P’s father as her nearest relative. Francesca was instructed by MJC Law and represented P, by her litigation friend the Official Solicitor. The judgment can be read here.