GW v A Local Authority & Anor

GW v A Local Authority & Anor

The judge at first instance properly applied the statutory principles and evidence to conclude that GW lacks capacity to decide whether to leave her residence unescorted and to make decisions about her care and residence; the appeal judge found no error in law or process and dismissed the appeal.

Parties
Applicant: GW; First Respondent: A Local Authority; Second Respondent: B Ltd
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
Appeal / Judgment on Appeal From Court of Protection Decision
Outcome
Appeal dismissed
Legal Topics
Capacity Assessment, Deprivation of Liberty, Best Interests, Article 5 ECHR, Mental Capacity Act 2005
Mental Capacity Law Human Rights Law Health Law Capacity Assessment Deprivation of Liberty Best Interests Article 5 ECHR Mental Capacity Act 2005

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Parties

GW

Applicant

A Local Authority

First Respondent

B Ltd

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Court of Protection Decision

Legal Issues

  1. 1 Whether GW lacks capacity to leave and return to her residence unescorted and to make decisions concerning her care and residence
  2. 2 Whether the judge erred in law in the capacity assessment process

Ratio Decidendi

The judge at first instance properly applied the statutory principles and evidence to conclude that GW lacks capacity to decide whether to leave her residence unescorted and to make decisions about her care and residence; the appeal judge found no error in law or process and dismissed the appeal.

Court Disposition

Appeal dismissed