Laura Wareham v Betsi Cadwaladar University Health Board & Ors

Laura Wareham v Betsi Cadwaladar University Health Board & Ors

Laura Wareham lacks capacity to conduct these proceedings, to decide where to reside, to consent to her care and support regime, to consent to be accommodated for care and treatment, and to decide on contact with her parents. This is due to her autism, which causes rigidity of thought and inability to understand, use, or weigh the relevant information. All practicable steps have been taken to support her decision-making. The standard authorisation for deprivation of liberty is extended, and interim best interests orders are made.

Parties
Applicant: Laura Wareham; First Respondent: Betsi Cadwaladr University Health Board; Second Respondent: Conrad Wareham; Third Respondent: Erica Wareham; Fourth Respondent: Anglesey County Council
Jurisdiction
England and Wales
Judgment Date
03 May 2024
Procedural Posture
Mental Capacity Act Proceedings (court of Protection) / Contested Hearing on Capacity and Interim Orders
Outcome
Declarations made that Laura lacks capacity in all relevant domains; standard authorisation extended; interim best interests orders made; challenge to capacity requirement dismissed.
Legal Topics
Capacity to Make Decisions, Deprivation of Liberty, Best Interests, Contact With Family, Medical Treatment Authorisation
Mental Capacity Law Health Law Family Law Capacity to Make Decisions Deprivation of Liberty Best Interests Contact With Family Medical Treatment Authorisation

Case Brief

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Parties

Laura Wareham

Applicant

Betsi Cadwaladr University Health Board

First Respondent

Conrad Wareham

Second Respondent

Erica Wareham

Third Respondent

Anglesey County Council

Fourth Respondent

Procedural Posture

Mental Capacity Act Proceedings (court of Protection) / Contested Hearing on Capacity and Interim Orders

Legal Issues

  1. 1 Whether Laura Wareham lacks capacity to conduct proceedings, decide residence, consent to care and treatment, and contact with parents
  2. 2 Whether the standard authorisation for deprivation of liberty should be extended
  3. 3 Whether interim best interests orders should be made

Ratio Decidendi

Laura Wareham lacks capacity to conduct these proceedings, to decide where to reside, to consent to her care and support regime, to consent to be accommodated for care and treatment, and to decide on contact with her parents. This is due to her autism, which causes rigidity of thought and inability to understand, use, or weigh the relevant information. All practicable steps have been taken to support her decision-making. The standard authorisation for deprivation of liberty is extended, and interim best interests orders are made.

Court Disposition

Declarations made that Laura lacks capacity in all relevant domains; standard authorisation extended; interim best interests orders made; challenge to capacity requirement dismissed.

Orders

  • Declarations under section 15 MCA that Laura lacks capacity to conduct proceedings, decide residence, consent to accommodation for care/treatment, consent to care/support regime, and decide on contact with parents
  • Extension of standard authorisation for deprivation of liberty under section 21A MCA