LBL v RYJ & Anor [2010] EWCOP 2665 (22 September 2010)

LBL v RYJ & Anor [2010] EWCOP 2665 (22 September 2010)

RYJ is presumed to have capacity and this presumption is not displaced in relation to care, contact, residence, and educational decisions; the court's inherent jurisdiction cannot be used to override her autonomy; VJ's appointment as benefits appointee is reasonable unless used to constrain RYJ's decisions.

Citation
[2010] EWCOP 2665
Parties
Applicant: LBL; First Respondent: RYJ; Second Respondent: VJ
Jurisdiction
England and Wales
Judgment Date
22 September 2010
Procedural Posture
Court of Protection Application / Final Judgment
Outcome
Declarations made that RYJ has capacity for care, contact, residence, and education decisions; inherent jurisdiction not invoked; VJ remains appointee for benefits.
Legal Topics
Capacity Assessment, Inherent Jurisdiction, Welfare Decisions, Financial Deputyship, Educational Placement
Mental Capacity Family Law Court of Protection Capacity Assessment Inherent Jurisdiction Welfare Decisions Financial Deputyship Educational Placement

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Parties

LBL

Applicant

RYJ

First Respondent

VJ

Second Respondent

Procedural Posture

Court of Protection Application / Final Judgment

Legal Issues

  1. 1 Whether RYJ lacks capacity to make decisions regarding care, contact, residence, and education
  2. 2 Whether the inherent jurisdiction of the court can be invoked to override RYJ's autonomy
  3. 3 Appropriateness of VJ's appointment as benefits appointee

Ratio Decidendi

RYJ is presumed to have capacity and this presumption is not displaced in relation to care, contact, residence, and educational decisions; the court's inherent jurisdiction cannot be used to override her autonomy; VJ's appointment as benefits appointee is reasonable unless used to constrain RYJ's decisions.

Court Disposition

Declarations made that RYJ has capacity for care, contact, residence, and education decisions; inherent jurisdiction not invoked; VJ remains appointee for benefits.

Orders

  • RYJ determined to have capacity for welfare decisions including education at St. Mary's.
  • Inherent jurisdiction not available to override RYJ's autonomy.