LBX v TT & Ors

LBX v TT & Ors

TT lacks capacity to litigate, decide residence, care, and contact, and there is reason to believe she lacks capacity to consent to sexual relations. It is in her best interests to remain with her foster carer, have no contact with JJ, and only restricted supervised contact with MJ. The court conducted a limited fact-finding hearing on emotional harm and found that MJ's conduct had caused TT emotional distress. The arrangements amount to a deprivation of liberty but are authorised and in TT's best interests.

Parties
Applicant: LBX; First Respondent: TT (by the Official Solicitor as her Litigation Friend); Second Respondent: MJ; Third Respondent: JJ; Fourth Respondent: WT; Fifth Respondent: LT; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Court of Protection / Judgment After Interim and Fact Finding Hearing
Outcome
Declarations and interim/final orders granted as sought, with limited fact-finding; application to adjourn refused.
Legal Topics
Capacity to Litigate, Best Interests, Contact Orders, Deprivation of Liberty, Disclosure to CPS, Fact Finding Hearings, Sexual Relations and Capacity, Supervised Contact, Mc Kenzie Friends
Mental Capacity Family Law Human Rights Capacity to Litigate Best Interests Contact Orders Deprivation of Liberty Disclosure to CPS +4 more

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Parties

LBX

Applicant

TT (by the Official Solicitor as her Litigation Friend)

First Respondent

MJ

Second Respondent

JJ

Third Respondent

WT

Fourth Respondent

LT

Fifth Respondent

Crown Prosecution Service

Interested Party

Procedural Posture

Court of Protection / Judgment After Interim and Fact Finding Hearing

Legal Issues

  1. 1 Whether TT lacks capacity to litigate, decide residence, care, contact, and consent to sexual relations
  2. 2 What interim and final orders are in TT's best interests
  3. 3 Whether to conduct a fact-finding hearing and on what issues

Ratio Decidendi

TT lacks capacity to litigate, decide residence, care, and contact, and there is reason to believe she lacks capacity to consent to sexual relations. It is in her best interests to remain with her foster carer, have no contact with JJ, and only restricted supervised contact with MJ. The court conducted a limited fact-finding hearing on emotional harm and found that MJ's conduct had caused TT emotional distress. The arrangements amount to a deprivation of liberty but are authorised and in TT's best interests.

Court Disposition

Declarations and interim/final orders granted as sought, with limited fact-finding; application to adjourn refused.

Orders

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