LBX v TT & Ors [2014] EWCOP 24 (29 July 2014)

LBX v TT & Ors [2014] EWCOP 24 (29 July 2014)

TT lacks capacity to litigate, decide residence/care/contact, and there is reason to believe she lacks capacity to consent to sexual relations. Her best interests require continued residence with her foster carer, no contact with JJ, and supervised contact with MJ. Interim and final orders are justified under the Mental Capacity Act 2005. The arrangements amount to a deprivation of liberty but are authorised and in TT's best interests.

Citation
[2014] EWCOP 24
Parties
Applicant: LBX; First Respondent (by the Official Solicitor as Her Litigation Friend): TT; Second Respondent: MJ; Third Respondent: JJ; Fourth Respondent: WT; Fifth Respondent: LT
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Court of Protection / Substantive Hearing on Capacity, Best Interests, and Interim/final Orders
Outcome
Declarations and orders granted as sought, with interim and final orders made under MCA 2005.
Legal Topics
Capacity to Litigate, Capacity to Decide Residence and Care, Capacity to Consent to Sexual Relations, Best Interests Determination, Deprivation of Liberty, Contact Arrangements, Interim and Final Orders, Disclosure to CPS
Mental Capacity Law Family Law Human Rights Capacity to Litigate Capacity to Decide Residence and Care Capacity to Consent to Sexual Relations Best Interests Determination Deprivation of Liberty +3 more

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Parties

LBX

Applicant

TT

First Respondent (by the Official Solicitor as Her Litigation Friend)

MJ

Second Respondent

JJ

Third Respondent

WT

Fourth Respondent

LT

Fifth Respondent

Procedural Posture

Court of Protection / Substantive Hearing on Capacity, Best Interests, and Interim/final Orders

Legal Issues

  1. 1 Does TT lack capacity to litigate, decide residence/care/contact, and consent to sexual relations?
  2. 2 What are TT's best interests regarding residence, contact, and care?
  3. 3 Should the court make interim or final orders under the Mental Capacity Act 2005?

Ratio Decidendi

TT lacks capacity to litigate, decide residence/care/contact, and there is reason to believe she lacks capacity to consent to sexual relations. Her best interests require continued residence with her foster carer, no contact with JJ, and supervised contact with MJ. Interim and final orders are justified under the Mental Capacity Act 2005. The arrangements amount to a deprivation of liberty but are authorised and in TT's best interests.

Court Disposition

Declarations and orders granted as sought, with interim and final orders made under MCA 2005.

Orders

  • Declaration under section 15 MCA 2005 that TT lacks capacity to litigate, decide residence/care/contact.
  • Declaration under section 48 MCA 2005 that there is reason to believe TT lacks capacity to consent to sexual relations.