AA, Re (Capacity: Social Media and Internet Use) [2021] EWCOP 70 (09 December 2021)

AA, Re (Capacity: Social Media and Internet Use) [2021] EWCOP 70 (09 December 2021)

There is insufficient evidence to conclude AA lacks capacity regarding his use of the internet and social media, given his progress and absence of risk for many months.

Citation
[2021] EWCOP 70
Parties
Applicant: A Local Authority; Respondent: AA
Jurisdiction
England and Wales
Judgment Date
09 December 2021
Procedural Posture
Court of Protection Proceedings / Final Judgment
Outcome
Declaration that AA lacks capacity is refused; daily checks of AA's electronic devices must cease unless AA wishes staff to see them in a supportive way.
Legal Topics
Capacity Assessment, Internet and Social Media Use, Best Interests, Autism Spectrum Disorder
Mental Capacity Law Health and Social Care Law Capacity Assessment Internet and Social Media Use Best Interests Autism Spectrum Disorder

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Parties

A Local Authority

Applicant

AA

Respondent

Procedural Posture

Court of Protection Proceedings / Final Judgment

Legal Issues

  1. 1 Whether AA lacks capacity regarding internet and social media use
  2. 2 Whether daily checks of AA's electronic devices are in his best interests

Ratio Decidendi

There is insufficient evidence to conclude AA lacks capacity regarding his use of the internet and social media, given his progress and absence of risk for many months.

Court Disposition

Declaration that AA lacks capacity is refused; daily checks of AA's electronic devices must cease unless AA wishes staff to see them in a supportive way.

Orders

  • No declaration of incapacity regarding internet and social media use.
  • Daily checks of electronic devices to cease except as AA wishes.