A Local Authority v AB & Anor

A Local Authority v AB & Anor

Dr O’Donovan’s professional opinion, supported by thorough assessment and application of legal principles, establishes SB’s capacity in residence, care, contraception, social media, and finances, except for contact which requires further expert evaluation. Declarations of incapacity in these domains are discharged.

Parties
Applicant: A Local Authority; First Respondent: AB; Second Respondent: SB
Jurisdiction
England and Wales
Judgment Date
02 July 2020
Procedural Posture
Court of Protection / Final Judgment With Directions
Outcome
Declarations of incapacity in residence, care, contraception, and social media discharged; declaration of incapacity to conduct proceedings remains; no declaration on contact pending further expert report; directions issued for further investigation into property and affairs.
Legal Topics
Capacity Assessment, Residence Decisions, Care Decisions, Contraception, Social Media Access, Property and Affairs Management
Mental Capacity Family Law Capacity Assessment Residence Decisions Care Decisions Contraception Social Media Access Property and Affairs Management

Case Brief

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Parties

A Local Authority

Applicant

AB

First Respondent

SB

Second Respondent

Procedural Posture

Court of Protection / Final Judgment With Directions

Legal Issues

  1. 1 Whether SB has capacity to make decisions about residence, care, contraception, social media, and property and affairs
  2. 2 Whether declarations of incapacity should be discharged
  3. 3 Whether further expert assessment is required for contact decisions

Ratio Decidendi

Dr O’Donovan’s professional opinion, supported by thorough assessment and application of legal principles, establishes SB’s capacity in residence, care, contraception, social media, and finances, except for contact which requires further expert evaluation. Declarations of incapacity in these domains are discharged.

Court Disposition

Declarations of incapacity in residence, care, contraception, and social media discharged; declaration of incapacity to conduct proceedings remains; no declaration on contact pending further expert report; directions issued for further investigation into property and affairs.

Orders

  • Final declarations pursuant to section 15 MCA 2005 that SB has capacity to make decisions about residence, care, access to internet and social media, and contraception.
  • Declaration that SB lacks capacity to conduct proceedings remains.