FX, Re [2017] EWCOP 36 (19 December 2017)

FX, Re [2017] EWCOP 36 (19 December 2017)

FX has capacity to make decisions regarding his current residence and care because he is able to understand, retain, use or weigh the relevant information and communicate his decision, as evidenced by his interactions and understanding of his condition and care needs. The presumption of capacity was not rebutted on the balance of probabilities.

Citation
[2017] EWCOP 36
Parties
Applicant: FX; Litigation Friend for Applicant: Official Solicitor; First Respondent: A Local Authority; Second Respondent: A CCG
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Court of Protection Mental Capacity Act 2005 S.21 a Application / Final Judgment on Capacity
Outcome
Application succeeds; FX found to have capacity regarding residence and care decisions at this time.
Legal Topics
Deprivation of Liberty Safeguards, Capacity to Decide Residence and Care, Prader Willi Syndrome, Best Interests, Assessment of Capacity, Presumption of Capacity
Mental Capacity Law Health and Social Care Law Deprivation of Liberty Safeguards Capacity to Decide Residence and Care Prader Willi Syndrome Best Interests Assessment of Capacity Presumption of Capacity

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 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

FX

Applicant

Official Solicitor

Litigation Friend for Applicant

A Local Authority

First Respondent

A CCG

Second Respondent

Procedural Posture

Court of Protection Mental Capacity Act 2005 S.21 a Application / Final Judgment on Capacity

Legal Issues

  1. 1 Does FX lack capacity to make decisions regarding his residence and care under the Mental Capacity Act 2005?
  2. 2 What is the correct approach to assessing capacity in the context of Prader-Willi Syndrome and the specific facts of FX's case?

Ratio Decidendi

FX has capacity to make decisions regarding his current residence and care because he is able to understand, retain, use or weigh the relevant information and communicate his decision, as evidenced by his interactions and understanding of his condition and care needs. The presumption of capacity was not rebutted on the balance of probabilities.

Court Disposition

Application succeeds; FX found to have capacity regarding residence and care decisions at this time.

Orders

  • FX is declared to have capacity to make decisions regarding his current residence and care.
  • Any future complex decisions may require reassessment of capacity.