FX, Re

FX, Re

FX has capacity to make decisions regarding his current residence and care, as he understands, retains, uses, and weighs relevant information, and communicates his wishes. The presumption of capacity was not rebutted on the balance of probabilities.

Parties
Applicant: FX; Litigation Friend: Official Solicitor; Respondent: A Local Authority; Respondent: A CCG
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Mental Capacity Challenge / Judgment on Capacity
Outcome
FX found to have capacity regarding residence and care decisions at this time.
Legal Topics
Deprivation of Liberty, Capacity Assessment, Best Interests, Prader Willi Syndrome, Care and Residence Decisions
Mental Capacity Health Law Deprivation of Liberty Capacity Assessment Best Interests Prader Willi Syndrome Care and Residence Decisions

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 7 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

FX

Applicant

Official Solicitor

Litigation Friend

A Local Authority

Respondent

A CCG

Respondent

Procedural Posture

Mental Capacity Challenge / Judgment on Capacity

Legal Issues

  1. 1 Does FX have capacity to make decisions regarding residence, care, contact, and finances?
  2. 2 What is the correct application of the statutory test for capacity under the Mental Capacity Act 2005?

Ratio Decidendi

FX has capacity to make decisions regarding his current residence and care, as he understands, retains, uses, and weighs relevant information, and communicates his wishes. The presumption of capacity was not rebutted on the balance of probabilities.

Court Disposition

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

Orders

  • No further deprivation of liberty authorisation required for current placement.
  • Capacity issues to be reconsidered if complex decisions arise.