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England and Wales Court of Protection Decisions
You are here: BAILII >> Databases >> England and Wales Court of Protection Decisions >> Derbyshire County Council v Danby [2014] EWCOP B26 (16 July 2014)
URL: http://www.bailii.org/ew/cases/EWCOP/2014/B26.html
Cite as: [2014] EWCOP B26

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Neutral Citation Number: [2014] EWCOP B26
Claim No 12367003

IN THE COURT OF PROTECTION

The County Court
Civil Justice Centre
33 Bull Street
Birmingham
16th July 2014

B e f o r e :

HIS HONOUR JUDGE CARDINAL
____________________

Between:
DERBYSHIRE COUNTY COUNCIL
and
KATHLEEN DANBY

____________________

Transcribed by Cater Walsh Reporting Limited
(Official Court Reporters and Audio Transcribers)
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____________________

MS WALKER appeared on behalf of the APPLICANT.
MRS GEMBELA appeared on behalf of the RESPONDENT.
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    Wednesday 16th July 2014

    JUDGE CARDINAL:

    I shall just give the shortest of judgments and say this.

  1. On 15th April of this year I made an order committing Kathleen Danby to prison for the reasons set out in my judgment of that date, which is available for all to see on BAILI in case number 2014 EWCOP B22.

  2. The circumstances are fully set out there and the circumstances involving the young lady concerned who is the subject of the proceedings are set out in other cases also reported on BAILI.

  3. Neither her name nor the place where she resides can, for obvious reasons, be disclosed, though Mrs Danby's name and that of Derbyshire County Council can be.

  4. Today was listed to give Mrs Danby the opportunity of persuading me that the sentence I imposed in April was wrong, that I should reduce it, mitigate it or even quash it, and she has failed to avail herself of that opportunity. So, in the circumstances, I have no alternative other than to leave the sentence outstanding, together with the warrant of arrest. If Mrs Danby is arrested pursuant to that warrant she can apply to purge her contempt and I will see her as soon as is possible to look at the matter.

  5. I do hope that she sees sense and avails herself of the opportunity of reducing the sentence I have imposed as quickly as possible.

  6. I need hardly add that other members of her family are seeing the young lady concerned with no difficulty whatsoever.

  7. I do not think I need add to the matter at all.

    8. Miss Walker, are you satisfied with that?

    MISS WALKER: Your Honour. Yes. I am satisfied that the provisions of paragraph 7 of the previous order do continue.

    JUDGE CARDINAL: They do indeed.

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URL: http://www.bailii.org/ew/cases/EWCOP/2014/B26.html