Travel Restrictions Lifted Following Court of Protection Proceedings

Emily Hunt of Southerns Solicitors recently secured a successful outcome for her client, the wife of a vulnerable adult, in Court of Protection welfare proceedings. The case concerned restrictions placed on her husband’s travel and the suspension of her Lasting Powers of Attorney.

The proceedings arose after an urgent welfare application was made to the Court of Protection in relation to alleged safeguarding concerns surrounding a planned family holiday abroad. Shortly before our involvement, interim orders were granted preventing the husband from travelling outside the local area or leaving the jurisdiction without the court’s permission. His passport was required to be surrendered, and the wife’s Health and Welfare Lasting Power of Attorney was temporarily suspended while investigations and assessments were carried out.

The case involved sensitive and complex issues, including ongoing assessments of the husband’s capacity to make decisions regarding travel and care arrangements, alongside concerns raised by professionals about the risks associated with foreign travel following recent health difficulties and safeguarding incidents.

Resolving Court of Protection Proceedings

Emily Hunt worked carefully and collaboratively with the local authority and the other parties involved to address the issues raised. Detailed evidence and care planning were considered, together with the family’s views, the husband’s wishes and feelings, and the practical arrangements required for any future travel.

Rather than allowing matters to progress to a contested final hearing, Emily adopted a constructive and pragmatic approach aimed at resolving the issues proportionately and cost-effectively. Through ongoing discussions and agreement on the necessary documentation and safeguards, the parties were able to reach a resolution without the need for a contested hearing, helping to keep costs to a minimum for everyone involved.

As a result, all travel restrictions were lifted and the wife’s Lasting Power of Attorney reinstated, enabling the couple to move forward without continued court intervention.

The outcome highlights the value of constructive negotiation and practical case management in Court of Protection proceedings, particularly where sensitive family relationships and welfare issues are involved.

This is a great achievement for Emily, and we are pleased to have been able to support our client in this matter.