Jurisdiction(s):
United Kingdom

Court of Protection enforcement: using MCA 2005 s16(5) and inherent jurisdiction to impose deputy duties, grant injunctions and authorise third‑party entry (England and Wales)

Published on: 30 January 2026

Published by a LexisNexis Private Client expert

Legal News

Article summary

University College London Hospitals NHS Foundation Trust and another v AB (by his litigation friend, the Official Solicitor) and others [2025] EWCOP 45 (T3)

What are the practical implications of this case?

This judgment shows that the Court of Protection possesses the necessary mechanisms to ensure its best interests decisions are carried into effect. For lawyers advising NHS Trusts, it offers guidance on planning how such best interests outcomes can be realised. It clarifies routes to implementation and reinforces practical steps towards compliance for trusts and advisers alike. It equips those practitioners to support their clients and the court by explaining how the court may exercise its powers to secure compliance, the provenance of those powers, and the possible extent to which a court may go in compelling adherence. It is noteworthy that Williams J described the orders as ‘rare’ and ‘draconian’. For professionals advising deputies, or individuals contemplating taking on a deputyship, the ruling reinforces that the court can override a deputy’s decision and indicates how the court might be enabled to enforce compliance with its rulings concerning P, including the lengths to which it may go.

What was the background?

AB, aged 30, was born with a condition...

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