LG v DK

LG v DK

The Court of Protection has jurisdiction under section 21(4) of the Family Law Reform Act 1969 to consent to the taking of a bodily sample from a person lacking capacity, even absent a specific application for parentage determination, provided it is in the person's best interests. However, the proceedings should be properly constituted, such as by an application for a statutory will, to resolve any jurisdictional ambiguity.

Parties
Applicant: LG; Respondent: DK
Jurisdiction
England and Wales
Judgment Date
05 October 2011
Procedural Posture
Court of Protection Application / Interlocutory Ruling on Adjournment and Jurisdiction
Outcome
Application adjourned to enable Deputy to apply for execution of a statutory will for DK; no final order on DNA testing at this stage.
Legal Topics
DNA Testing, Statutory Will, Parentage Determination, Best Interests, Jurisdiction
Mental Capacity Family Law DNA Testing Statutory Will Parentage Determination Best Interests Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

LG

Applicant

DK

Respondent

Procedural Posture

Court of Protection Application / Interlocutory Ruling on Adjournment and Jurisdiction

Legal Issues

  1. 1 Whether the Court of Protection has jurisdiction to order DNA testing for parentage determination in respect of an adult lacking capacity
  2. 2 Whether such an order is in the best interests of the person lacking capacity
  3. 3 Whether proceedings as constituted fall within the statutory framework for parentage determination

Ratio Decidendi

The Court of Protection has jurisdiction under section 21(4) of the Family Law Reform Act 1969 to consent to the taking of a bodily sample from a person lacking capacity, even absent a specific application for parentage determination, provided it is in the person's best interests. However, the proceedings should be properly constituted, such as by an application for a statutory will, to resolve any jurisdictional ambiguity.

Court Disposition

Application adjourned to enable Deputy to apply for execution of a statutory will for DK; no final order on DNA testing at this stage.

Orders

  • Proceedings adjourned to allow Deputy to make application for statutory will.