ZK (No. 2) [2021] EWCOP 61 (12 November 2021)

ZK lacks capacity to make decisions in all areas assessed, including contact, residence, sexual relations, marriage, care, internet use, and property management; no material change or new evidence justifies reopening residence determination; proceedings should end to avoid unnecessary delay and expense.

Citation: [2021] EWCOP 61
Parties: Applicant: A Local Authority; First Respondent: ZK; Second Respondent: SB (Number 2)
Jurisdiction: England and Wales
Judgment Date: 12 November 2021
Procedural Posture: Court of Protection / Final Hearing/pre Trial Review
Outcome: Applications to reconsider best interests and adduce further evidence dismissed; proceedings concluded.
Legal Topics: Capacity Assessment, Best Interests, Residence, Contact, Sexual Relations, Marriage, Litigation Friend

Mental Capacity Health and Welfare Capacity Assessment Best Interests Residence Contact Sexual Relations Marriage +1 more

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Parties

A Local Authority

Applicant

First Respondent

SB (Number 2)

Second Respondent

Procedural Posture

Court of Protection / Final Hearing/pre Trial Review

Legal Issues

1 Whether ZK lacks capacity to make decisions in specified areas
2 Whether previous determination of residence should be reconsidered

Ratio Decidendi

Court Disposition

Applications to reconsider best interests and adduce further evidence dismissed; proceedings concluded.

Orders

Declaration that ZK lacks capacity in all assessed areas
Dismissal of SB's application to reconsider residence