Local Authority A v ZZ

Local Authority A v ZZ

ZZ has capacity to decide on residence, property and affairs, marriage, and sexual relations, but lacks capacity regarding care, internet/social media use, and contact with others due to inability to understand and mitigate risks posed by his behaviour and vulnerabilities.

Parties
Applicant: Local Authority A; Respondent: ZZ
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Mental Capacity Proceedings / Judgment After Contested Hearing
Outcome
Declaration of capacity and incapacity in specified domains; further orders to be discussed with parties.
Legal Topics
Capacity Assessment, Sexual Relations, Residence, Contact, Marriage, Contraception, Property and Affairs
Mental Capacity Family Law Court of Protection Capacity Assessment Sexual Relations Residence Contact Marriage +2 more

Case Brief

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Parties

Local Authority A

Applicant

ZZ

Respondent

Procedural Posture

Mental Capacity Proceedings / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether ZZ has capacity to make decisions regarding residence, care, internet/social media use, sexual relations, contact, marriage, contraception, property and affairs

Ratio Decidendi

ZZ has capacity to decide on residence, property and affairs, marriage, and sexual relations, but lacks capacity regarding care, internet/social media use, and contact with others due to inability to understand and mitigate risks posed by his behaviour and vulnerabilities.

Court Disposition

Declaration of capacity and incapacity in specified domains; further orders to be discussed with parties.

Orders

  • ZZ declared to have capacity regarding residence, property and affairs, marriage, and sexual relations.
  • ZZ declared to lack capacity regarding care, internet/social media use, and contact with others.