B (Capacity: Social Media: Care and Contact)

B (Capacity: Social Media: Care and Contact)

Miss B lacks capacity to litigate, manage property and affairs, decide care package, decide contact, use social media, and consent to sexual relations due to inability to understand, use, or weigh relevant information; she has capacity to decide residence.

Parties
Applicant: Local Authority; Respondent: Miss B
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Capacity Determination / Judgment on Capacity Declarations
Outcome
Declarations of incapacity and capacity issued; interim declarations for social media and sexual relations pending practicable help.
Legal Topics
Capacity Assessment, Social Media Use, Contact, Care Decisions, Property and Affairs, Sexual Relations, Litigation Capacity
Mental Capacity Adult Social Care Human Rights Capacity Assessment Social Media Use Contact Care Decisions Property and Affairs +2 more

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Parties

Local Authority

Applicant

Miss B

Respondent

Procedural Posture

Capacity Determination / Judgment on Capacity Declarations

Legal Issues

  1. 1 Does Miss B have capacity to litigate, manage property and affairs, decide residence, decide care package, decide contact, use social media, and consent to sexual relations?

Ratio Decidendi

Miss B lacks capacity to litigate, manage property and affairs, decide care package, decide contact, use social media, and consent to sexual relations due to inability to understand, use, or weigh relevant information; she has capacity to decide residence.

Court Disposition

Declarations of incapacity and capacity issued; interim declarations for social media and sexual relations pending practicable help.

Orders

  • Final declaration: Miss B lacks capacity to litigate under section 15 MCA 2005.
  • Final declaration: Miss B lacks capacity to manage property and financial affairs under section 15 MCA 2005.