The Local Authority v HP & Ors [2013] EWCOP B40 (15 November 2013)

The Local Authority v HP & Ors [2013] EWCOP B40 (15 November 2013)

HP lacks capacity to litigate, decide residence, care, and contact due to her learning disability and inability to weigh relevant information. Her capacity to consent to sexual relations fluctuates and no final declaration is made. It is in HP's best interests to remain in her current placement, have no contact with her family unless she is receptive, and continue Depo-Provera contraception. Deprivation of liberty is authorised pending standard authorisation under Schedule A1.

Citation
[2013] EWCOP B40
Parties
Subject: HP; Applicant: Local Authority; Parent/respondent: Mrs P; Parent/respondent: Mr P
Jurisdiction
England and Wales
Judgment Date
15 November 2013
Procedural Posture
Court of Protection Proceedings / Final Hearing and Judgment
Outcome
Final declarations of lack of capacity in specified areas; best interests orders made for residence, contact, contraception, and deprivation of liberty.
Legal Topics
Capacity to Litigate, Capacity to Decide Residence, Capacity to Decide Care Package, Capacity to Decide Contact, Capacity to Consent to Sexual Relations, Contraceptive Treatment, Deprivation of Liberty, Best Interests, Article 8 ECHR
Mental Capacity Law Family Law Human Rights Capacity to Litigate Capacity to Decide Residence Capacity to Decide Care Package Capacity to Decide Contact Capacity to Consent to Sexual Relations +4 more

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Parties

HP

Subject

Local Authority

Applicant

Mrs P

Parent/respondent

Mr P

Parent/respondent

Procedural Posture

Court of Protection Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Does HP lack capacity to litigate, decide residence, care, contact, and consent to sexual relations?
  2. 2 Should the court authorise deprivation of liberty?
  3. 3 Is it in HP's best interests to continue Depo-Provera contraception?

Ratio Decidendi

HP lacks capacity to litigate, decide residence, care, and contact due to her learning disability and inability to weigh relevant information. Her capacity to consent to sexual relations fluctuates and no final declaration is made. It is in HP's best interests to remain in her current placement, have no contact with her family unless she is receptive, and continue Depo-Provera contraception. Deprivation of liberty is authorised pending standard authorisation under Schedule A1.

Court Disposition

Final declarations of lack of capacity in specified areas; best interests orders made for residence, contact, contraception, and deprivation of liberty.

Orders

  • Declaration that HP lacks capacity to litigate, decide residence, care, and contact.
  • No declaration as to capacity to marry or to consent to sexual relations.