The Mentally Disabled or Children

An injunction cannot be granted against a person with a mental disability, unless they are capable of understanding the consequences of breaking an injunction order.

If you do apply for an injunction against a person with a mental disability then a 3rd Party called a "Litigation Friend" will have to be appointed to act for them. This might be a social worker or the Official Solicitor appointed by the court.

Although injunctions can be brought against children, it is often very difficult to convince the court to grant such an order. This is because if the injunction is broken it will be very difficult to enforce.

Enforcement is difficult because if an injunction is broken then you would normally apply to commit that person to prison. However, a child could not be sent to prison.

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