Can NOK get an injunction on behalf of someone with MH Issues?

blue_monkey_2

As per the title really.

I was wondering whether someone has experience of this or has a legal job that can advise further.

Can a husband get an injunction on someone on his wife's behalf, if the wife has mental health issues? If the wife has asked someone to leave her alone, yet that person refuses and is constantly bombarding them with calls/visits - but the wife is not mentally capable to deal with it, can anything be done by the husband on her behalf.

TIA.

newmee

need more details to establish capacity. Capacity is always presumed unless assessed / proven otherwise. What do you mean by "not mentally capable"?

dmg24

blue_monkey wrote: »

As per the title really.

I was wondering whether someone has experience of this or has a legal job that can advise further.

Can a husband get an injunction on someone on his wife's behalf, if the wife has mental health issues? If the wife has asked someone to leave her alone, yet that person refuses and is constantly bombarding them with calls/visits - but the wife is not mentally capable to deal with it, can anything be done by the husband on her behalf.

TIA.

Capacity is a difficult subject, her condition would have to be very severe for her to be deemed incapable (approx 80% of those who are sectioned still have capacity in other areas). Having said that, there is nothing to stop the husband arranging for them both to see a solicitor.

blue_monkey_2

It's long, I have not got time to list everything here.

She has anorexia, her family took her to a different part of the country last weekend, fed her and then gave her so much drink she passed out - then they left her there. And the next day they did the same.

They took her from work, put her in their car (with no belongings) and then took her to the school and asked for the kids (school could not stop them as she was there) when she said she wanted no more drink they asked her if she wanted drugs instead. She remebers them all laughing while she was lying on the floor throwing up. She currently weighs 5 stone. She has a councillor who has said if she does not see a doctor then she will 'take matters into her own hands'.

Family have taken her again today but did not get the children. Husband is at his wits end as they have turned her against him and have arranged for her to see a solicitor to get a divorce. She went back to him yesterday, crying for him to help her but they took her again today and took her to CAB and came out laden with info regarding domestic violence. I need to add there is absolutely no DV. They also called the police, pretending to be her, saying 'my life is at risk' to try and get the husgand arrested.

We do not know what to do. Husband is seeking an injunction against the family and has spoken to a solicitor today, they will not be able to go near their house, kids school or anywhere that he is at but this will obviously take a few weeks. We are just at our wits end, she is an adult so cannot start telling the police they have kidnapped her but they are killing her - she knows this when she is having a co-herant moment.

Thankfully - and I use this word lightly - the school have noticed what is going on and they said while they cannot stop her taking the children, if she rolls up with the family in tow they will call him. They lied to get the kids out of school early last week and they took them. The kids were taken at 3pm on Friday - her so called family did not even bother to feed them until 9pm Saturday.

We are at our wits end now, if they take her away this weekend we really think she will be dead by the end of it. I really would like to say I am exageratting, but I am not. It is heartbreaking for all of them - so much so, the school have noticed and have pulled her husband aside about it.

dmg24

I know you are trying to help, but I do think you need to leave this to the experts. Speak to social services, they have a duty to safeguard vulnerable adults (if indeed she is vulnerable).

j.e.j.

I can't help on the legalities, bluemonkey, but is there somewhere she can go where the family-from-hell (!!) can't contact her? She also needs to get another phone, if she can?

newmee

I have posted details on your other thread on same subject.

blue_monkey_2

Thanks, I started 2 because this is about the injunction he needs and why he needs it. This is what we need help on too - trying to get all info for when he calls solicitor in the morning.

I have some number for the emergency team I am passing on. I wanted to know if anyone had information about everything.

She has another phone, sister took her phone and got her a new one and deleted 'numbers she did not need'. However, they call her relentlessly on the landline. 15 calls in 2 hours. So she answers the phone and they get to her again. She gets told her husband has said and done things to her and she thinks she has - she asked me why he had done them and he had not even been there (he moved out). She gets told he is possessive and harrassing her, I asked if he had called her and she showed me her phone - no, he hasn't. It is realy odd. We know that last weekend the children did not get fed for 30 hours - by her or her family.

blue_monkey_2

Sorry to ask again. Can a next of Kin do anything to stop the family taking his wife again? As he is Next of Kin, we thought he might be able to get an injunction.

She is missing again today. Because she is doing things to risk her life it is a worry when she just goes off and does not come home.

LondonDiva

If you are serious about all the information you have provided, the first thing you / he need to do tomorrow morning is CONTACT Social Services about your concerns for his wife and children.

Then come back and post on the forum.

balancelife

Make an adult safeguarding referral and they will chat to you about what to do next.

Does she see anyone from a community mental health team that could help her?

Do you have any advocacy services locally?