GW v A Local Authority & Anor [2014] EWCOP 20 (31 July 2014)

GW v A Local Authority & Anor [2014] EWCOP 20 (31 July 2014)

The first instance judge properly applied the statutory tests for capacity, considered all relevant evidence including GW's own, and reached a conclusion supported by the overwhelming weight of professional evidence that GW lacks capacity to decide to leave her residence unescorted or to make decisions about her care and residence. There was no procedural or substantive error justifying interference with the judgment.

Citation
[2014] EWCOP 20
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
Outcome
Appeal dismissed
Legal Topics
Mental Capacity, Deprivation of Liberty, Best Interests, Article 5 ECHR, Court of Protection Procedure
Mental Capacity Law Human Rights Law Mental Capacity Deprivation of Liberty Best Interests Article 5 ECHR Court of Protection Procedure

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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

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 first instance judge failed to properly evaluate capacity under the Mental Capacity Act 2005

Ratio Decidendi

The first instance judge properly applied the statutory tests for capacity, considered all relevant evidence including GW's own, and reached a conclusion supported by the overwhelming weight of professional evidence that GW lacks capacity to decide to leave her residence unescorted or to make decisions about her care and residence. There was no procedural or substantive error justifying interference with the judgment.

Court Disposition

Appeal dismissed