PB, Re

PB, Re

PB lacks capacity to make decisions as to her residence, care, and contact with TB because her psychiatric disorder, cognitive deficits, anxiety, and TB's influence prevent her from using and weighing relevant information. It is lawful and proportionate for the court to deprive her of liberty and regulate contact under the MCA 2005. Even if capacity were not lacking, the court could make similar orders under the inherent jurisdiction due to her vulnerability and the risks involved.

Parties
Applicant: NCC; First Respondent: PB; Second Respondent: TB
Jurisdiction
England and Wales
Judgment Date
21 March 2014
Procedural Posture
Court of Protection / Family Division / Final Judgment on Capacity and Deprivation of Liberty
Outcome
Declarations made that PB lacks capacity to decide residence, care, and contact; deprivation of liberty authorised under MCA 2005; interim orders for continued placement and regulated contact; directions for future case management.
Legal Topics
Capacity to Make Decisions, Deprivation of Liberty, Inherent Jurisdiction, Influence and Undue Pressure, Best Interests, Case Management
Mental Capacity Law Family Law Human Rights Capacity to Make Decisions Deprivation of Liberty Inherent Jurisdiction Influence and Undue Pressure Best Interests +1 more

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Parties

NCC

Applicant

PB

First Respondent

TB

Second Respondent

Procedural Posture

Court of Protection / Family Division / Final Judgment on Capacity and Deprivation of Liberty

Legal Issues

  1. 1 Whether PB has capacity to decide where to live, contact with TB, and care arrangements
  2. 2 Whether PB is deprived of her liberty and if so whether this should be authorised
  3. 3 Whether the court can make orders under the inherent jurisdiction if capacity is not lacking

Ratio Decidendi

PB lacks capacity to make decisions as to her residence, care, and contact with TB because her psychiatric disorder, cognitive deficits, anxiety, and TB's influence prevent her from using and weighing relevant information. It is lawful and proportionate for the court to deprive her of liberty and regulate contact under the MCA 2005. Even if capacity were not lacking, the court could make similar orders under the inherent jurisdiction due to her vulnerability and the risks involved.

Court Disposition

Declarations made that PB lacks capacity to decide residence, care, and contact; deprivation of liberty authorised under MCA 2005; interim orders for continued placement and regulated contact; directions for future case management.

Orders

  • PB to remain at F House with regulated contact with TB, including overnight stays and holidays as arranged by the local authority.
  • PB to be deprived of her liberty by court order until statutory authorisation is obtained.