Local Authority v Z

Local Authority v Z

Where a vulnerable adult is found to be legally competent, the local authority has no duty to seek an injunction to restrain her from exercising her autonomy, even if her decision involves assisted suicide. The court will not continue an injunction in such circumstances, especially where criminal justice agencies are aware and empowered to act.

Parties
Claimant: A Local Authority; Defendant: Mr Z; Advocate to the Court: The Official Solicitor
Jurisdiction
England and Wales
Judgment Date
03 December 2004
Procedural Posture
Family / Judgment on Application to Continue Injunction
Outcome
Injunction discharged; application refused
Legal Topics
Assisted Suicide, Capacity, Vulnerable Adults, Injunctions, Local Authority Duties
Family Law Public Law Human Rights Assisted Suicide Capacity Vulnerable Adults Injunctions Local Authority Duties

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Parties

A Local Authority

Claimant

Mr Z

Defendant

The Official Solicitor

Advocate to the Court

Procedural Posture

Family / Judgment on Application to Continue Injunction

Legal Issues

  1. 1 Extent of local authority's duty to protect a vulnerable adult where assisted suicide is contemplated
  2. 2 Whether the court should continue an injunction restraining removal of Mrs Z from the jurisdiction
  3. 3 Legal competence and autonomy of a disabled adult to elect for suicide

Ratio Decidendi

Where a vulnerable adult is found to be legally competent, the local authority has no duty to seek an injunction to restrain her from exercising her autonomy, even if her decision involves assisted suicide. The court will not continue an injunction in such circumstances, especially where criminal justice agencies are aware and empowered to act.

Court Disposition

Injunction discharged; application refused

Orders

  • The injunction restraining Mr Z from removing Mrs Z from England and Wales is discharged.
  • No further order is made.