A Local Authority v PG & Ors [2023] EWCOP 9 (10 March 2023)

A Local Authority v PG & Ors [2023] EWCOP 9 (10 March 2023)

PG lacks capacity to make decisions about her care and contact with others due to her mental impairment, with fluctuating capacity best addressed by a longitudinal approach rather than anticipatory declarations.

Citation
[2023] EWCOP 9
Parties
Applicant: A Local Authority; First Respondent: PG (by her litigation friend, the Official Solicitor); Second Respondent: EG; Third Respondent: An NHS Integrated Care Board
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Court of Protection Capacity Declaration / Final Judgment
Outcome
Declaration of incapacity in respect of care and contact with others; longitudinal approach adopted.
Legal Topics
Fluctuating Capacity, Declarations of Incapacity, Supported Living, Autonomy Vs Protection, Best Interests, Mental Capacity Act 2005
Mental Capacity Health and Social Care Family Law Fluctuating Capacity Declarations of Incapacity Supported Living Autonomy Vs Protection Best Interests +1 more

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Parties

A Local Authority

Applicant

PG (by her litigation friend, the Official Solicitor)

First Respondent

EG

Second Respondent

An NHS Integrated Care Board

Third Respondent

Procedural Posture

Court of Protection Capacity Declaration / Final Judgment

Legal Issues

  1. 1 Does PG lack capacity to make decisions about her care and contact with others?
  2. 2 Should the court adopt a longitudinal or anticipatory approach to fluctuating capacity?

Ratio Decidendi

PG lacks capacity to make decisions about her care and contact with others due to her mental impairment, with fluctuating capacity best addressed by a longitudinal approach rather than anticipatory declarations.

Court Disposition

Declaration of incapacity in respect of care and contact with others; longitudinal approach adopted.

Orders

  • PG is declared to lack capacity to make decisions about her care and contact with others.
  • Care workers are to protect PG's autonomy and interfere only to the minimum degree necessary to keep her safe.