“The court may make such further orders or give such directions, and confer on a deputy such powers or impose on him such duties, as it thinks necessary or expedient for giving effect to, or otherwise in connection with, an order or appointment made by it under subsection (2).”
“In my judgment, and consistently with previous authority, the court has exactly the same power to make orders of the type referred to in paragraphs [32]-[40] above when it is concerned with an adult who lacks capacity as it undoubtedly has when concerned with a child. In particular, the court has exactly the same powers when it is concerned to locate the whereabouts of a missing or abducted adult lacking capacity as it has when concerned to locate the whereabouts of a missing or abducted child.”
“82. We can summarise our conclusions on this aspect of the appeal as follows. The Court of Protection does have power to grant injunctions under s.16(5) of the 2005 Act, bothin the case where a deputy has been appointed under s.16(2)(b) and in the case where the Court has made an order taking a decision for P under s.16(2)(a). In doing so, it is exercising the power conferred on it by s.47(1) and such an injunction can therefore only be granted when it is just and convenient to do so. This requirement is now to be understood in line with the majority judgment in Broad Idea as being satisfied where there is an interest which merits protection and a legal or equitable principle which justifies exercising the power to order the defendant to do or not do something. In the present case, as is likely to be the case wherever an injunction is granted to prevent the Court’s decision under s.16(2)(a) from being frustrated or undermined, those requirements are satisfied because G’s interest in the December order being given effect to is an interest that merits protection, and the principle that the Court may make ancillary orders to prevent its orders being frustrated is ample justification for the grant of injunctive relief if the facts merit it.”
“A Deputy District Judge granted injunctions prohibiting capacitous persons from disposing of assets in which others allege a protected person has an interest. This judgment sets out the basis of my conclusion that the Court of Protection has no jurisdiction to make such orders.”
“Notable milestones to this conclusion [in Re G] were: a. (at paragraph 38) that, where the Court has made an order under section 16(2)(a) of the Act, s16(5) enables the Court to make such further orders as it thinks necessary or expedient to give effect to, or otherwise in connection with, that order; b. (at paragraph 43) that, among other orders that the Court might make under s16.(5) of the Act, are injunctive orders; c. (at paragraphs 49 and 50) that, although the Court can indeed grant injunctions for the purposes specified in s16(5) of the Act, when it does so “it is exercising its ordinary injunctive powers which it has by virtue of s.47”
“As to how the power to grant injunctions is squared with the limit of the Court of Protection’s jurisdiction to making only decision for P that he could make for himself if capacitous, it was said (at paragraph 79): “…although we accept of course that decisions made for P by the Court under s16(2)(a) are limited to the available options, we do not think this limits the power of the Court under s16(5) to grant injunctions to give effect to those decisions (something that P could of course not do for himself.)”