DY (Capacity), Re

DY (Capacity), Re

On the evidence, including the revised expert opinion and social work testimony, DY currently has capacity to make decisions about her residence, care, and contact with others. The statutory presumption of capacity is not rebutted on the present evidence.

Parties
Applicant: Local Authority; Respondent: DY
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Personal Welfare Application Under the Mental Capacity Act 2005 / Final Judgment on Capacity
Outcome
Application dismissed; DY found to have capacity in the relevant domains.
Legal Topics
Capacity Assessment, Personal Welfare Orders, Residence Decisions, Care Decisions, Contact With Others, Expert Evidence, Vulnerable Adults
Mental Capacity Law Family Law Capacity Assessment Personal Welfare Orders Residence Decisions Care Decisions Contact With Others Expert Evidence +1 more

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Parties

Local Authority

Applicant

DY

Respondent

Procedural Posture

Personal Welfare Application Under the Mental Capacity Act 2005 / Final Judgment on Capacity

Legal Issues

  1. 1 Whether DY has capacity to make decisions about her residence, care, and contact with others under the Mental Capacity Act 2005

Ratio Decidendi

On the evidence, including the revised expert opinion and social work testimony, DY currently has capacity to make decisions about her residence, care, and contact with others. The statutory presumption of capacity is not rebutted on the present evidence.

Court Disposition

Application dismissed; DY found to have capacity in the relevant domains.

Orders

  • No declarations of incapacity made regarding DY's residence, care, or contact with others.
  • Proceedings in the Court of Protection to end unless capacity is lost in the future.