A Local Authority v PS & HS

A Local Authority v PS & HS

PS lacks capacity to make decisions about contact with HS due to her inability to recognize him or appreciate the consequences of contact, and it is not in her best interests to have contact with him.

Parties
Applicant: A Local Authority; First Respondent: PS; Second Respondent: HS
Jurisdiction
England and Wales
Judgment Date
29 November 2019
Procedural Posture
Mental Capacity/protection of Vulnerable Adults / Final Judgment
Outcome
Declaration granted; contact prohibited
Legal Topics
Capacity to Make Decisions About Contact, Best Interests Determination, Contact With Former Spouse, Lewy Body Dementia
Mental Capacity Law Family Law Capacity to Make Decisions About Contact Best Interests Determination Contact With Former Spouse Lewy Body Dementia

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Parties

A Local Authority

Applicant

PS

First Respondent

HS

Second Respondent

Procedural Posture

Mental Capacity/protection of Vulnerable Adults / Final Judgment

Legal Issues

  1. 1 Does PS lack capacity to make decisions about contact with HS?
  2. 2 If PS lacks capacity, is it in her best interests to have contact with HS?

Ratio Decidendi

PS lacks capacity to make decisions about contact with HS due to her inability to recognize him or appreciate the consequences of contact, and it is not in her best interests to have contact with him.

Court Disposition

Declaration granted; contact prohibited

Orders

  • Declaration that PS lacks capacity to make decisions about contact with HS
  • Order that it is not in PS's best interests to have contact with HS