“… protection of vulnerable and incapacitated adults remains available notwithstanding the implementation of the Mental Capacity Act 2005: DL v A Local Authority [2012] EWCA Civ 253, [2013] Fam 1, per McFarlane LJ at [52] et seq and Davis LJ at [70] et seq. The leading exposition of that jurisdiction remains the decision of Munby J in Re S…”
“…in this field in his seminal judgment in Re SA [2005] EWHC 2942; [2006] 1 FLR 867. That judgment was subsequently endorsed and amplified by this court in Re DL [2012] EWCA Civ 253; [2012] CPLR 504. No summary of the principles can do full justice to the learning and insight of Munby J and the judges of the Court of Appeal in DL, particul…”
“…The claimant in Re L (No. 2) [2012] EWCA Civ 253, [2012] 3 WLR 1439 was a local authority providing health care and social support to an elderly lady living with her husband in a house which he owned. The loc…”