Darlington Borough Council v AW & Ors

Darlington Borough Council v AW & Ors

AW has capacity in all relevant domains; the evidence does not establish sufficient clarity for anticipatory declarations; risks can be managed under MCA 2005 statutory framework; application dismissed.

Parties
Applicant: Darlington Borough Council; First Respondent: AW; Second Respondent: North East and North Cumbrian Integrated Care Board; Third Respondent: DW; Fourth Respondent: IW; Fifth Respondent: Tees, Esk and Wear Valleys NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Court of Protection Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Capacity Assessment, Deprivation of Liberty, Anticipatory Declarations, Best Interests, Autonomy, Inherent Jurisdiction
Mental Capacity Health Law Child Law Capacity Assessment Deprivation of Liberty Anticipatory Declarations Best Interests Autonomy +1 more

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Parties

Darlington Borough Council

Applicant

AW

First Respondent

North East and North Cumbrian Integrated Care Board

Second Respondent

DW

Third Respondent

IW

Fourth Respondent

Tees, Esk and Wear Valleys NHS Foundation Trust

Fifth Respondent

Procedural Posture

Court of Protection Application / Final Judgment

Legal Issues

  1. 1 Does AW lack capacity in relevant domains?
  2. 2 Should the court make anticipatory declarations regarding future loss of capacity?
  3. 3 Are the statutory frameworks under MCA 2005 sufficient to manage AW's risks?

Ratio Decidendi

AW has capacity in all relevant domains; the evidence does not establish sufficient clarity for anticipatory declarations; risks can be managed under MCA 2005 statutory framework; application dismissed.

Court Disposition

Application dismissed

Orders

  • No anticipatory declarations made
  • AW's capacity recognised in all relevant domains