Court of Appeal considers injunctions and committal for contempt in the Court of Protection

Sam Karim KC and Sophie Hurst acted for Sunderland City Council in the recent case of Macpherson and Sunderland City Council [2025] EWCA Civ 1159. View the judgment here: https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/1159

Following the decision of Mrs Justice Theis DBE in MacPherson v Sunderland City Council [2025] EWCOP 18 (T3) (https://www.bailii.org/ew/cases/EWCOP/2025/18.html) in which the appellant, Ms MacPherson (MP) was found to have capacity to litigate her appeal against a custodial sentence imposed by the Court of Protection and had capacity to litigate at the time the custodial sentence was imposed, MP’s appeal was re-referred to the Court of Appeal for determination.

The Court of Appeal dismissed the appeal finding that the custodial sentence imposed by Mr Justice Poole in January 2024 (see Sunderland City Council v MacPherson [2024] EWCOP 8 https://www.bailii.org/ew/cases/EWCOP/2024/8.html) for repeated breaches of injunctive orders made by the Court of Protection during proceedings concerning MP’s daughter were “entirely proportionate and appropriate”. The Court of Appeal found that Ms MacPherson had “knowingly and deliberately broke an order made by the court”, that there was no evidence to support the assertion that the procedure adopted by Mr Justice Poole had been unfair and that Mr Justice Poole’s consideration of the guidance on sentencing rendered Ms MacPherson immediate imprisonment “plainly right”.

The Court of Appeal was clear in its judgment that, “Court orders must be obeyed, and although judges are reluctant to send someone to prison, particularly in the context of proceedings of this sort, repeated breaches of orders will almost invariably lead to custodial sentences being passed.” This is a significant decision of the Court of Appeal and will be of interest to all Court of Protection practitioners.

Sam and Sophie were instructed by Sarah Jackson of EMG Solicitors.