A Local Authority v KP (Acting By the Official Solicitor As Her Litigation Friend) & Anor (2)

Mr John McKendrick KC (instructed by Q) for the Applicant Mr Malcolm Chisholm (instructed by the Richard Charlton Solicitors) for the Respondent The Second Respondent in person Hearing dates: 22 and 23 November 2023 ____________________

a. First, D is not a party to these proceedings. Although an injunction has previously been granted against him in these proceedings to prevent him having contact with KP, I consider that an injunction to exclude him from his home � effectively evicting him � should not be made against him unless he has been made a party to the proceedings and has a fair opportunity to understand the case that is made against him and to respond to that case;

b. Secondly, such an injunction would have a major effect on J because D and J have been partners for a number of years and any order excluding D from J's house would have serious consequences for their relationship. I would need to understand how J proposes to respond to an injunction to require D to leave the property before it would be right to make such an injunction; and

a. A representative of the Local Authority, who has fully read into the file and understands the issues, shall meet KP on her own at a pre-agreed time which does not conflict with her work duties once per week for a discussion to check now KP is feeling and to check that KP is safe. Notes shall be prepared of that meeting and shall be filed at court before the next hearing;

b. These weekly meetings should alternate between meeting at a location nominated by the representative of the Local Authority away from J's home with the following meeting taking place at J's home;