DY v A City Council & Anor [2022] EWCOP 51 (06 December 2022)

DY v A City Council & Anor [2022] EWCOP 51 (06 December 2022)

DY has capacity to make decisions about his care and support arrangements; the respondents set the bar for capacity too high and DY's contradictory statements and impulsivity do not amount to lack of capacity under the Mental Capacity Act 2005.

Citation
[2022] EWCOP 51
Parties
Applicant: DY; First Respondent: A City Council; Second Respondent: A NHS Trust
Jurisdiction
England and Wales
Judgment Date
06 December 2022
Procedural Posture
Section 21 a Mental Capacity Act 2005 Application / Final Judgment
Outcome
Standard Authorisation terminated; DY no longer subject to Deprivation of Liberty Authorisation.
Legal Topics
Capacity Assessment, Best Interests, Deprivation of Liberty Safeguards, Autism, Sexual Offending, Care Arrangements
Mental Capacity Deprivation of Liberty Health and Social Care Capacity Assessment Best Interests Deprivation of Liberty Safeguards Autism Sexual Offending +1 more

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Parties

DY

Applicant

A City Council

First Respondent

A NHS Trust

Second Respondent

Procedural Posture

Section 21 a Mental Capacity Act 2005 Application / Final Judgment

Legal Issues

  1. 1 Whether DY has capacity to consent to his care and support arrangements
  2. 2 Whether the mental capacity qualifying requirement in paragraph 15 Schedule A1 MCA is met
  3. 3 Whether the best interests requirement in paragraph 16 Schedule A1 MCA is met

Ratio Decidendi

DY has capacity to make decisions about his care and support arrangements; the respondents set the bar for capacity too high and DY's contradictory statements and impulsivity do not amount to lack of capacity under the Mental Capacity Act 2005.

Court Disposition

Standard Authorisation terminated; DY no longer subject to Deprivation of Liberty Authorisation.

Orders

  • DY will continue to be offered the same care package but will not be compelled to accept it.
  • DY will be strongly encouraged to be accompanied by at least one care worker when going out.