RT v LT & Anor [2010] EWHC 1910 (Fam) (27 July 2010)

RT v LT & Anor [2010] EWHC 1910 (Fam) (27 July 2010)

LT lacks capacity to decide where she should live and what contact she should have with her family because, although she can express a wish, she is unable to use or weigh relevant information as part of the decision-making process, as required by section 3(1)(c) of the Mental Capacity Act 2005.

Citation
[2010] EWHC 1910 (Fam)
Parties
Applicant: RT; First Respondent: LT; Second Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Court of Protection Proceedings Under the Mental Capacity Act 2005 / Preliminary Determination of Capacity
Outcome
Declaration that LT lacks capacity to decide where she should live and what contact she should have with her family.
Legal Topics
Capacity Assessment, Best Interests Decision Making, Deprivation of Liberty, Court of Protection Procedure
Mental Capacity Law Family Law Public Law Capacity Assessment Best Interests Decision Making Deprivation of Liberty Court of Protection Procedure

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Parties

RT

Applicant

LT

First Respondent

A Local Authority

Second Respondent

Procedural Posture

Court of Protection Proceedings Under the Mental Capacity Act 2005 / Preliminary Determination of Capacity

Legal Issues

  1. 1 Whether LT lacks capacity to decide where she should live
  2. 2 Whether LT lacks capacity to decide what contact she should have with her family

Ratio Decidendi

LT lacks capacity to decide where she should live and what contact she should have with her family because, although she can express a wish, she is unable to use or weigh relevant information as part of the decision-making process, as required by section 3(1)(c) of the Mental Capacity Act 2005.

Court Disposition

Declaration that LT lacks capacity to decide where she should live and what contact she should have with her family.

Orders

  • Parties to draw up an order reflecting the decision on LT's capacity.
  • Leave granted for the case to be mentioned for further directions or agreed order if necessary.