A (Capacity: Social Media and Internet Use: Best Interests)

A (Capacity: Social Media and Internet Use: Best Interests)

A lacks capacity to use the internet and social media due to his learning disability, inability to understand and weigh relevant risks, and failure of practicable steps to improve his understanding; restrictions and supervision are in his best interests.

Parties
Applicant: Local Authority; Respondent: A; Interested Party: A's parents
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Capacity Proceedings / Final Judgment
Outcome
A declared to lack capacity to use internet and social media; best interests care plan approved.
Legal Topics
Capacity Assessment, Internet and Social Media Use, Best Interests, Contact, Care Arrangements
Mental Capacity Disability Rights Family Law Capacity Assessment Internet and Social Media Use Best Interests Contact Care Arrangements

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Parties

Local Authority

Applicant

A

Respondent

A's parents

Interested Party

Procedural Posture

Capacity Proceedings / Final Judgment

Legal Issues

  1. 1 Whether A has capacity to use social media and the internet
  2. 2 What information is relevant for capacity assessment under section 3 MCA 2005
  3. 3 Best interests determination for internet and social media use

Ratio Decidendi

A lacks capacity to use the internet and social media due to his learning disability, inability to understand and weigh relevant risks, and failure of practicable steps to improve his understanding; restrictions and supervision are in his best interests.

Court Disposition

A declared to lack capacity to use internet and social media; best interests care plan approved.

Orders

  • A's internet and social media use restricted to supervised access via Dimensions iPads for limited periods daily.
  • A's phone contract financially capped; device lacks internet capability.