Derbyshire County Council v AC

Derbyshire County Council v AC

AC lacks capacity to litigate, make decisions about her care and contact, and, on an interim basis, lacks capacity to decide her residence. She has capacity to consent to sexual relations. It is in AC's best interests to move to and reside at Pennine House, and the Local Authority is directed to file a detailed care plan and further capacity assessments.

Parties
Applicant: Derbyshire County Council; First Respondent (by Her Litigation Friend the Official Solicitor): AC; Second Respondent: EC; Third Respondent: LC
Jurisdiction
England and Wales
Judgment Date
23 October 2014
Procedural Posture
Court of Protection Application / Judgment After Contested Hearing
Outcome
Declarations of incapacity (litigation, care, contact, interim on residence) and best interests order (residence at Pennine House) granted; declaration of capacity to consent to sexual relations made.
Legal Topics
Capacity to Litigate, Capacity to Make Decisions About Care, Capacity to Make Decisions About Contact, Capacity to Consent to Sexual Relations, Capacity to Decide Residence, Best Interests Determination
Mental Capacity Law Family Law Capacity to Litigate Capacity to Make Decisions About Care Capacity to Make Decisions About Contact Capacity to Consent to Sexual Relations Capacity to Decide Residence Best Interests Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Derbyshire County Council

Applicant

AC

First Respondent (by Her Litigation Friend the Official Solicitor)

EC

Second Respondent

LC

Third Respondent

Procedural Posture

Court of Protection Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Does AC lack capacity to litigate, make decisions about care, contact, sexual relations, and residence?
  2. 2 Should the court make declarations of incapacity and best interests decisions regarding AC's residence and care?

Ratio Decidendi

AC lacks capacity to litigate, make decisions about her care and contact, and, on an interim basis, lacks capacity to decide her residence. She has capacity to consent to sexual relations. It is in AC's best interests to move to and reside at Pennine House, and the Local Authority is directed to file a detailed care plan and further capacity assessments.

Court Disposition

Declarations of incapacity (litigation, care, contact, interim on residence) and best interests order (residence at Pennine House) granted; declaration of capacity to consent to sexual relations made.

Orders

  • Final declarations under section 15 MCA 2005 that AC lacks capacity to litigate, make decisions about care and contact.
  • Declaration that AC has capacity to consent to sexual relations.