Re AA (Capacity: Social Media and Internet Use)

Re AA (Capacity: Social Media and Internet Use)

There is insufficient evidence to conclude that AA lacks capacity to make decisions regarding his use of the internet and social media. Even if AA were incapacitous, daily checks of his devices are not in his best interests as they provide no protection and are contrary to his wishes.

Parties
Applicant: A Local Authority; Respondent: AA
Jurisdiction
England and Wales
Judgment Date
09 December 2021
Procedural Posture
Court of Protection / Judgment
Outcome
Declaration that AA lacks capacity is refused; daily checks of electronic devices to cease unless AA wishes otherwise.
Legal Topics
Capacity Assessment, Social Media Use, Internet Use, Best Interests
Mental Capacity Law Capacity Assessment Social Media Use Internet Use Best Interests

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Parties

A Local Authority

Applicant

AA

Respondent

Procedural Posture

Court of Protection / Judgment

Legal Issues

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

Ratio Decidendi

There is insufficient evidence to conclude that AA lacks capacity to make decisions regarding his use of the internet and social media. Even if AA were incapacitous, daily checks of his devices are not in his best interests as they provide no protection and are contrary to his wishes.

Court Disposition

Declaration that AA lacks capacity is refused; daily checks of electronic devices to cease unless AA wishes otherwise.

Orders

  • No declaration of incapacity regarding internet or social media use is made.
  • Daily checks of AA's electronic devices must cease, except as AA wishes in a supportive context.