SJ v Cardiff & Vale University Health Board & Anor
SJ lacks capacity to conduct proceedings, manage diabetes, and make decisions about care and support due to schizophrenia-related delusional beliefs and avolition. She has capacity to decide where to live only between options assessed as meeting her needs. The risks of a trial at home are unacceptably high and cannot be mitigated; continued residence at Z Placement with current care is in her best interests. Deprivation of liberty is necessary, proportionate, and authorised.
- Parties
- Applicant: SJ; First Respondent: Cardiff & Vale University Health Board; Second Respondent: Vale of Glamorgan Council
- Jurisdiction
- England and Wales
- Judgment Date
- 02 April 2026
- Procedural Posture
- Personal Welfare Application Under S.16 Mental Capacity Act 2005 / Final Hearing
- Outcome
- Application granted in part; declarations and orders made as to capacity, best interests, and deprivation of liberty.
- Legal Topics
- Capacity Assessment, Best Interests, Deprivation of Liberty, Diabetes Management, Supported Living, Litigation Capacity, Autonomy, Article 8 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
SJ
Applicant
Cardiff & Vale University Health Board
First Respondent
Vale of Glamorgan Council
Second Respondent
Procedural Posture
Personal Welfare Application Under S.16 Mental Capacity Act 2005 / Final Hearing
Legal Issues
- 1 Whether SJ has capacity to make decisions about care, residence, and diabetes management
- 2 Whether SJ has capacity to conduct proceedings
- 3 Whether it is in SJ's best interests to attempt a trial at home or remain in supported living
Ratio Decidendi
SJ lacks capacity to conduct proceedings, manage diabetes, and make decisions about care and support due to schizophrenia-related delusional beliefs and avolition. She has capacity to decide where to live only between options assessed as meeting her needs. The risks of a trial at home are unacceptably high and cannot be mitigated; continued residence at Z Placement with current care is in her best interests. Deprivation of liberty is necessary, proportionate, and authorised.
Court Disposition
Application granted in part; declarations and orders made as to capacity, best interests, and deprivation of liberty.
Orders
- Declaration that SJ lacks capacity to conduct proceedings, manage diabetes, and make decisions about care and support.
- Declaration that SJ has capacity to decide where to live between options assessed as meeting her needs.
Full Case Text
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