Posted on 24th September at 9:
This is a case under the inherent jurisdiction in relation to vulnerable adults. It raises at least one important point of principle. MM was born in August She suffers from paranoid schizophrenia. Her illness is characterised by prominent visual, auditory and tactile somatic hallucinations and appears to relapse rapidly at times of stress.
She has only limited insight into the nature of her illness. She has a full scale IQ of 56, a moderate learning disability and poor cognitive functioning.
She has significantly impaired or non-existent verbal recall and is functionally illiterate. MM's childhood appears to have been chaotic and emotionally deprived. She was taken into care at the age of 13 having been sexually abused by her elder brother. For something of the order of 15 years MM's partner has been KM.
They met in or around whilst living at a homeless person's hostel. KM has in the past been diagnosed with a psychopathic personality disorder and alcohol misuse. Attempts in the past to provide him with support have failed due to his abusive conduct towards professionals. He has led an unstable and nomadic life, to which MM has been exposed.
He has been violent towards her and is alleged to have used her benefit money to buy alcohol. He has encouraged MM to follow him to various addresses and to disengage from psychiatric services — resulting, according to the local authority, in deterioration in her mental health.
The extent to which he is at present receiving medical or psychiatric support is unknown. On 1 March MM took up residence in supported accommodation at the W unit. An agreement provided that KM would not attend at the unit, that MM would inform the staff if she intended to go out and that she would return by 8.
On a number of occasions, and encouraged by KM, MM left the unit without warning and for extended periods of time, apparently sleeping rough and not receiving her medication. On 6 June the local authority received information indicating that KM was proposing to take MM to stay with his brother in a different part of the country.
The local authority issued a Part 8 claim form on 8 June Earlier the same day it had obtained ex parte relief from Her Honour Judge Bevington sitting as a judge of the High Court. Interim declarations were granted that MM lacked the capacity to decide where she should reside and with whom she should associate and that it was not in her best interests to be removed from the W unit or to have unsupervised contact with KM.
An order was made that she was not to be removed from the W unit. The Official Solicitor was invited to act.
That interim relief was continued by an order made by Black J on 16 Junesave that the specific references to the W unit were replaced by more general references to any supported accommodation provided to MM by the local authority.
Black J's order provided for KM to have supervised contact with MM not less than twice a week for not less than two hours each session.
The matter was next before Bodey J on 14 July By then MM was missing from the W unit. Bodey J continued the interim relief until the final hearing. His order gave the local authority power to terminate contact at its discretion if KM was under the influence of alcohol, abusive or aggressive or was putting the local authority's staff at risk of harm.
KM was ordered to assist the local authority and the police in achieving the return of MM to the W unit. Bodey J also gave directions, including directions subsequently varied by Singer J on 28 September for the preparation and filing of expert reports.
On 27 July MM was found by the police and returned to the W unit. She was in a dishevelled and unkempt condition. A relapse in her mental health was resolved by medication, but her behaviour deteriorated. She was aggressive and abusive towards staff and other residents.
The placement at the W unit was at risk of breaking down. By 6 Octoberwhen the matter came before Wood J, the local authority had identified an adult family placement which it was felt would meet MM's needs.
Wood J was told that the local authority planned to move MM from the W unit to the adult family placement should her placement at the W unit break down.
Her challenging behaviour at the W unit continued and on 10 October MM was 'sectioned' pursuant to section 2 of the Mental Health Act A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.
Contract law recognises and governs the rights and duties arising from agreements. In the Anglo-American common law, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound.
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|Holistic Solutions for Authentic Learning||Contracts Agreements between two entities, creating an enforceable obligation to do, or to refrain from doing, a particular thing. Nature and Contractual Obligation The purpose of a contract is to establish the agreement that the parties have made and to fix their rights and duties in accordance with that agreement.|
The definition of a contract is a legally binding, and enforceable by law, agreement made between two or more parties.
In cases of dispute when the parties are arguing whether a contract, or fundamentals of it, have been broken, it may be required to take the case before the courts.
Comprehensive National Football League news, scores, standings, fantasy games, rumors, and more. Contracts. Agreements between two entities, creating an enforceable obligation to do, or to refrain from doing, a particular thing.
Nature and Contractual Obligation. The purpose of a contract is to establish the agreement that the parties have made and to fix their rights . Contract reviewing goes beyond just protecting your company from signing a troublesome contract.
It is also about protecting the relationship between you and the other parties involved. -an agreement between two or more competent parties based on mutual promises and an exchange of things of value, to do or refrain from doing some particular thing that is neither illegal nor impossible.-agreement results in obligation or a duty that can be enforced in a court of law.