A Local Authority v A & Anor

A Local Authority v A & Anor

The correct test for capacity to consent to contraception is whether the person can understand and weigh the immediate medical issues (reason for contraception, types, advantages/disadvantages, side-effects, effectiveness), not the wider social consequences of parenthood. Applying this test, Mrs A has sufficient understanding of the medical aspects but, due to the coercive and overbearing influence of Mr A, she is unable to weigh the information and make a free decision. Therefore, Mrs A currently lacks capacity to decide on contraception.

Parties
Applicant: A Local Authority; First Respondent: Mrs A, by her Litigation Friend, the Official Solicitor; Second Respondent: Mr A
Jurisdiction
England and Wales
Judgment Date
24 June 2010
Procedural Posture
Court of Protection Proceedings (capacity and Best Interests) / Interim Application for Declarations and Orders
Outcome
Declarations refused; no order made as to best interests or injunction against Mr A at this stage.
Legal Topics
Capacity to Consent to Contraception, Best Interests, Undue Influence and Coercion, State Intervention in Private Life, Inherent Jurisdiction, Domestic Violence, Medical Treatment Consent
Mental Capacity Law Family Law Human Rights Capacity to Consent to Contraception Best Interests Undue Influence and Coercion State Intervention in Private Life Inherent Jurisdiction +2 more

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Parties

A Local Authority

Applicant

Mrs A, by her Litigation Friend, the Official Solicitor

First Respondent

Mr A

Second Respondent

Procedural Posture

Court of Protection Proceedings (capacity and Best Interests) / Interim Application for Declarations and Orders

Legal Issues

  1. 1 What is the test for determining capacity to decide on contraceptive treatment?
  2. 2 Does Mrs A lack capacity to decide on contraception?
  3. 3 Is it in Mrs A’s best interests to receive contraception?

Ratio Decidendi

The correct test for capacity to consent to contraception is whether the person can understand and weigh the immediate medical issues (reason for contraception, types, advantages/disadvantages, side-effects, effectiveness), not the wider social consequences of parenthood. Applying this test, Mrs A has sufficient understanding of the medical aspects but, due to the coercive and overbearing influence of Mr A, she is unable to weigh the information and make a free decision. Therefore, Mrs A currently lacks capacity to decide on contraception.

Court Disposition

Declarations refused; no order made as to best interests or injunction against Mr A at this stage.