XY, In the Matter Of [2025] EWCOP 55 (T2) (06 March 2026)

XY, In the Matter Of [2025] EWCOP 55 (T2) (06 March 2026)

The authority of welfare deputies is limited to the specific powers conferred by the deputyship order. Decisions about XY's internet and social media use are not included within the current order's scope and require express authorisation. The Court of Protection retains the power to make best interests decisions even where a deputy is appointed and willing to act. The application to vary the deputyship order to include authority over internet and social media use is refused as not being in XY's best interests at this time.

Citation
[2025] EWCOP 55
Parties
First Applicant: NHS South-West Integrated Care Board; Second Applicant: The London Borough of Wandsworth; First Respondent: XY (by his Litigation Friend, the Official Solicitor); Second Respondent: AY; Third Respondent: South West London & St George's Mental Health NHS Trust
Jurisdiction
England and Wales
Judgment Date
06 March 2026
Procedural Posture
Court of Protection Welfare Proceedings / Judgment on Scope of Welfare Deputyship and Application to Vary Order
Outcome
Deputies do not have authority to make decisions about XY's internet and social media use; application to vary the order refused.
Legal Topics
Deputyship Authority, Best Interests Decision Making, Internet and Social Media Use, Scope of Welfare Deputyship, Variation of Deputyship Orders
Mental Capacity Law Health and Social Care Law Deputyship Authority Best Interests Decision Making Internet and Social Media Use Scope of Welfare Deputyship Variation of Deputyship Orders

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Parties

NHS South-West Integrated Care Board

First Applicant

The London Borough of Wandsworth

Second Applicant

XY (by his Litigation Friend, the Official Solicitor)

First Respondent

AY

Second Respondent

South West London & St George's Mental Health NHS Trust

Third Respondent

Procedural Posture

Court of Protection Welfare Proceedings / Judgment on Scope of Welfare Deputyship and Application to Vary Order

Legal Issues

  1. 1 Whether welfare deputies' authority includes decisions about internet and social media use for XY
  2. 2 Whether the Court of Protection can make best interests decisions where a deputy is appointed and willing to act
  3. 3 Whether the deputyship order should be varied to include authority over internet and social media use

Ratio Decidendi

The authority of welfare deputies is limited to the specific powers conferred by the deputyship order. Decisions about XY's internet and social media use are not included within the current order's scope and require express authorisation. The Court of Protection retains the power to make best interests decisions even where a deputy is appointed and willing to act. The application to vary the deputyship order to include authority over internet and social media use is refused as not being in XY's best interests at this time.

Court Disposition

Deputies do not have authority to make decisions about XY's internet and social media use; application to vary the order refused.

Orders

  • Declaration that current welfare deputyship order does not authorise decisions about XY's internet and social media use.
  • Refusal of application to vary the deputyship order to include such authority.