A Local Authority v PG & Ors

A Local Authority v PG & Ors

Given the evidence of fluctuating capacity, particularly loss of capacity at times of heightened anxiety both at home and in the community, and the impracticality of anticipatory declarations, the court adopts a longitudinal approach and declares that PG lacks capacity in respect of decisions about her care and contact with others. Care workers must, however, protect her autonomy and interfere only to the minimum degree necessary to keep her safe.

Parties
Applicant: A Local Authority; First Respondent: PG; Second Respondent: EG; Third Respondent: AN NHS Integrated Care Board
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Court of Protection Mental Capacity / Judgment After Contested Hearing on Capacity
Outcome
Declaration of incapacity in respect of care and contact with others; guidance to care workers to minimise interference.
Legal Topics
Fluctuating Capacity, Declarations of Incapacity, Best Interests, Supported Living, Deprivation of Liberty, Anticipatory Declarations
Mental Capacity Law Health Law Family Law Fluctuating Capacity Declarations of Incapacity Best Interests Supported Living Deprivation of Liberty +1 more

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Parties

A Local Authority

Applicant

PG

First Respondent

EG

Second Respondent

AN NHS Integrated Care Board

Third Respondent

Procedural Posture

Court of Protection Mental Capacity / Judgment After Contested Hearing on Capacity

Legal Issues

  1. 1 Whether PG lacks capacity to make decisions about her care, including in the community and at times of heightened anxiety
  2. 2 Whether PG lacks capacity to make decisions about contact with others, including at times of heightened anxiety
  3. 3 Whether the court should make a longitudinal or anticipatory declaration regarding capacity

Ratio Decidendi

Given the evidence of fluctuating capacity, particularly loss of capacity at times of heightened anxiety both at home and in the community, and the impracticality of anticipatory declarations, the court adopts a longitudinal approach and declares that PG lacks capacity in respect of decisions about her care and contact with others. Care workers must, however, protect her autonomy and interfere only to the minimum degree necessary to keep her safe.

Court Disposition

Declaration of incapacity in respect of care and contact with others; guidance to care workers to minimise interference.

Orders

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