A Local Authority v AW

A Local Authority v AW

AW lacks capacity to make decisions about his residence, care and support, whether an individual with whom he may wish to have sexual relations is safe, and what support he requires in having contact with that person, due to his inability to understand and weigh relevant information, particularly the risks, as a result of his learning disability and autism. He has capacity to consent to sexual relations. The deprivation of his liberty at Windmill House is lawful, necessary, proportionate, and in his best interests.

Parties
Applicant: A Local Authority; Respondent: AW
Jurisdiction
England and Wales
Judgment Date
20 May 2020
Procedural Posture
Mental Capacity Act Application / Final Judgment After Contested Hearing
Outcome
Declarations made as to lack of capacity in specified areas; best interests orders granted; deprivation of liberty authorised; proceedings concluded with final orders.
Legal Topics
Capacity to Make Decisions, Deprivation of Liberty, Best Interests, Consent to Sexual Relations, Care and Support Arrangements
Mental Capacity Health Law Human Rights Capacity to Make Decisions Deprivation of Liberty Best Interests Consent to Sexual Relations Care and Support Arrangements

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Parties

A Local Authority

Applicant

AW

Respondent

Procedural Posture

Mental Capacity Act Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether AW lacks capacity to make decisions about his residence, care and support, contact with others, use of social media and internet, and disclosure of personal information
  2. 2 Whether AW has capacity to consent to sexual relations
  3. 3 Whether the deprivation of AW's liberty is lawful, necessary, and proportionate

Ratio Decidendi

AW lacks capacity to make decisions about his residence, care and support, whether an individual with whom he may wish to have sexual relations is safe, and what support he requires in having contact with that person, due to his inability to understand and weigh relevant information, particularly the risks, as a result of his learning disability and autism. He has capacity to consent to sexual relations. The deprivation of his liberty at Windmill House is lawful, necessary, proportionate, and in his best interests.

Court Disposition

Declarations made as to lack of capacity in specified areas; best interests orders granted; deprivation of liberty authorised; proceedings concluded with final orders.

Orders

  • Declaration that AW lacks capacity to make decisions about his residence, care and support, and whether an individual with whom he may wish to have sexual relations is safe and what support he requires in having contact with that person.
  • Declaration that AW has capacity to consent to sexual relations.