RT v LT & Anor [2010] EWCOP 1910 (27 July 2010)

RT v LT & Anor [2010] EWCOP 1910 (27 July 2010)

LT lacks capacity to make decisions about her residence and contact with her family because, although she can express a preference, she is unable to use or weigh relevant information as part of the decision-making process, as required by section 3(1)(c) of the Mental Capacity Act 2005. The evidence of Dr K, accepted by the court, demonstrated that LT's cognitive and social impairments prevent her from considering the advantages and disadvantages of her options, rendering her incapable of making these decisions.

Citation
[2010] EWCOP 1910
Parties
Subject: LT; Applicant / Father: RT; Respondent: Local Authority; Representative for LT: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Mental Capacity Act 2005 Proceedings / Preliminary Determination of Capacity
Outcome
Declaration that LT lacks capacity to decide where she should live and what contact she should have with her family.
Legal Topics
Capacity Assessment, Deprivation of Liberty, Best Interests, Residence Decisions, Contact With Family, Application of Statutory Test
Mental Capacity Law Family Law Human Rights Capacity Assessment Deprivation of Liberty Best Interests Residence Decisions Contact With Family +1 more

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Parties

LT

Subject

RT

Applicant / Father

Local Authority

Respondent

Official Solicitor

Representative for LT

Procedural Posture

Mental Capacity Act 2005 Proceedings / Preliminary Determination of Capacity

Legal Issues

  1. 1 Whether LT lacks capacity to decide where she should live
  2. 2 Whether LT lacks capacity to decide what contact she should have with her family

Ratio Decidendi

LT lacks capacity to make decisions about her residence and contact with her family because, although she can express a preference, she is unable to use or weigh relevant information as part of the decision-making process, as required by section 3(1)(c) of the Mental Capacity Act 2005. The evidence of Dr K, accepted by the court, demonstrated that LT's cognitive and social impairments prevent her from considering the advantages and disadvantages of her options, rendering her incapable of making these decisions.

Court Disposition

Declaration that LT lacks capacity to decide where she should live and what contact she should have with her family.

Orders

  • Parties to draw up an order reflecting the court's decision on LT's capacity.
  • Leave granted for the case to be mentioned at short notice for agreed order or further directions.