XY, Re

XY, Re

The authority of welfare deputies is limited to the specific powers positively conferred by the deputyship order; decisions about internet and social media use are not included unless expressly stated. The Court of Protection retains the power to make best interests decisions even where a deputy has authority and is willing to act. It is not in XY's best interests to vary the deputyship order to include authority over internet and social media use at this time.

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
03 June 2026
Procedural Posture
Court of Protection Welfare Proceedings / Interlocutory Judgment on Scope of 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 deputyship order refused; Court retains power to make best interests decisions.
Legal Topics
Deputyship Authority, Best Interests Decisions, Internet and Social Media Use, Variation of Deputyship Orders, Court of Protection Powers
Mental Capacity Law Health Law Public Law Deputyship Authority Best Interests Decisions Internet and Social Media Use Variation of Deputyship Orders Court of Protection Powers

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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 / Interlocutory Judgment on Scope of 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 instead of a deputy with authority
  3. 3 Whether the deputyship order should be varied to include internet/social media decisions

Ratio Decidendi

The authority of welfare deputies is limited to the specific powers positively conferred by the deputyship order; decisions about internet and social media use are not included unless expressly stated. The Court of Protection retains the power to make best interests decisions even where a deputy has authority and is willing to act. It is not in XY's best interests to vary the deputyship order to include authority over internet and social media use 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 deputyship order refused; Court retains power to make best interests decisions.

Orders

  • Declaration that best interests decisions about XY's internet and social media use do not fall within the scope of the current deputyship order.
  • Refusal of application to vary the deputyship order to include such authority.