RT v LT & Anor

RT v LT & Anor

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

Parties
Applicant: RT; 1st Respondent: LT; 2nd Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Mental Capacity Act Proceedings / Judgment on Preliminary Issue of Capacity
Outcome
Declaration that LT lacks capacity to decide residence and contact with family.
Legal Topics
Mental Capacity, Deprivation of Liberty, Best Interests, Residence and Contact Decisions
Mental Health Law Family Law Mental Capacity Deprivation of Liberty Best Interests Residence and Contact Decisions

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Parties

RT

Applicant

LT

1st Respondent

A Local Authority

2nd Respondent

Procedural Posture

Mental Capacity Act Proceedings / Judgment on Preliminary Issue 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 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 residence and contact with family.

Orders

  • Counsel to draw up an order reflecting the decision on LT's capacity.
  • Leave granted for parties to return to court for further directions or agreed order regarding LT's best interests.