B e f o r e :
|LONDON BOROUGH OF REDBRIDGE||Applicant|
- and -
(By the Official Solicitor as her Litigation Friend)
|- and -
|- and -
MISS LAURA DAVIDSON (instructed by Legal Department) appeared on behalf of the Applicant Local Authority.
MR. PARISHIL PATEL (instructed by the Official Solicitor through Bindmans) appeared on behalf of the First Respondent.
MS BARBARA HEWSON (instructed by Campbell-Taylor Solicitors) appeared on behalf of the Second Respondent.
MISS ULELE BURNHAM appeared on behalf of the Third Respondent.
MR. ADAM WOLANSKI appeared on behalf of Associated Newspapers.
Crown Copyright ©
MR. JUSTICE COBB:
"forbidding C and F, whether by themselves or instructing or encouraging others, from making any decision on behalf of or in relation to G, other than those in relation to day to day care without first discussing the same with G's litigation friend or litigation friend's representative".
It asks for a penal notice to be attached to that order.
"until further order C be forbidden, whether by herself or instructing or encouraging others, from taking G or involving G in any public protests, demonstrations or meeting with the press relating to any aspect of these proceedings "
"requiring C and F to facilitate visits by an employee of the applicant authority to G twice weekly on Tuesdays and Fridays. For those purposes C and F would be required to provide full and unfettered access to G and ensure they do not remain in the property during the visits."
"appeared to be engaged in a rant rather than clear, logical speech. I got the gist of her announcement and believed she was asking the crowd to support her in preventing a relative being taken away and put into a mental home."
"she wanted to go back to her home with the masked woman" [both G and C had masked their faces with scarves]. "I asked her if she was warm enough and commented on the fact that she was shaking. She said she was well and didn't need any help [G] said she wanted to go While they were waiting I noticed that [G] was still shaking."
An ambulance was called to attend to G.
"she [that is, C] had been aggressive towards them It was clear to see that G was visibly upset over my arrival and in order to prevent her from experiencing further distress I advised the police that nothing further could be done that day."
And she left.
a. G has already, on occasions, met with representatives of the press and discussed her situation;
b. the press has an obvious interest in these proceedings;
c. the press is limited by order as to what it can report on these proceedings; it must, of course, take no steps to report the proceedings in any way which would contravene section 12 Administration of Justice Act 1960, albeit (as I have been advised) Associated Newspapers may in the future apply to vary or discharge the Reporting Restriction Order (there is a reasonable probability that such an application will be made);
d. that G herself has expressed views both positive and negative about the involvement of the press in her life in the recent past sometimes indicating a wish to engage with the press and sometimes indicating she does not trust it;
e. there is a concern that C is influencing G to involve herself in publicity in order to further what was described in today's hearing as "an agenda".
"(a) there is reason to believe that P lacks capacity in relation to the matter; (b) the matter is one to which its powers under this Act extend; and (c) it is in P's best interests to make the order or give the directions without delay."
"In my opinion, on the balance of probabilities, G does not have capacity to make decisions on contact with others, because of impaired retention and weighing of relevant information due to mental disorder. The decisions are harder due to the influence of C and F on her."
"She said reporters are always at her home or phoning her".
That said, she added:
"She said she wants people to know what is happening to her and that it has gone all around the world already."
"I asked her if she remembered the name of anyone she had spoken to. She said she did not."
"were not in a position to act as a substitute for Social Services she" [that is a representative PCSO from the Redbridge Neighbourhood Team] " did not think they had the resources to commit to twice-weekly visits the Neighbourhood Team did not want to get drawn into court proceedings but would agree to resume visits to [G's home] on an ad hoc basis the team could not commit to a weekly visit but would 'pop in every so often and have a chat with G for ten minutes'."