B v A Local Authority

B v A Local Authority

The judge erred in finding B had capacity to decide residence while lacking capacity in closely related areas (care, contact, social media, sexual relations), failing to consider all relevant information and foreseeable consequences as required by the Mental Capacity Act 2005. The appeal by B is dismissed; the cross-appeal by the Local Authority is allowed, and the order as to B's capacity to decide residence is set aside.

Parties
Appellant: B; Litigation Friend for B: Official Solicitor; Respondent/cross Appellant: A Local Authority
Jurisdiction
England and Wales
Judgment Date
11 June 2019
Procedural Posture
Civil Appeal (court of Protection) / Appeal and Cross Appeal From Order of Cobb J, Court of Protection
Outcome
B's appeal dismissed; Local Authority's cross-appeal allowed.
Legal Topics
Mental Capacity Act 2005, Capacity to Consent to Sexual Relations, Capacity to Use Social Media, Capacity to Decide Residence, Best Interests, Decision Specific Capacity Assessment
Mental Capacity Law Health Law Human Rights Mental Capacity Act 2005 Capacity to Consent to Sexual Relations Capacity to Use Social Media Capacity to Decide Residence Best Interests +1 more

Case Brief

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Parties

B

Appellant

Official Solicitor

Litigation Friend for B

A Local Authority

Respondent/cross Appellant

Procedural Posture

Civil Appeal (court of Protection) / Appeal and Cross Appeal From Order of Cobb J, Court of Protection

Legal Issues

  1. 1 What information is relevant for assessing capacity to use social media?
  2. 2 What information is relevant for assessing capacity to consent to sexual relations?
  3. 3 Was the judge correct in finding B had capacity to decide residence but not care, contact, social media, or sexual relations?

Ratio Decidendi

The judge erred in finding B had capacity to decide residence while lacking capacity in closely related areas (care, contact, social media, sexual relations), failing to consider all relevant information and foreseeable consequences as required by the Mental Capacity Act 2005. The appeal by B is dismissed; the cross-appeal by the Local Authority is allowed, and the order as to B's capacity to decide residence is set aside.

Court Disposition

B's appeal dismissed; Local Authority's cross-appeal allowed.

Orders

  • Order as to B's capacity to decide residence set aside.
  • No change to interim declarations regarding capacity to use social media and consent to sexual relations.