TW v Middlesbrough Council [2023] EWCOP 30 (18 July 2023)

TW v Middlesbrough Council [2023] EWCOP 30 (18 July 2023)

Tony lacks capacity to decide his residence, care, and use of the internet/social media because, on the balance of probabilities, he is unable to understand, weigh, or appreciate the consequences of his decisions due to a functional learning disability resulting from profound deprivation of communication, education,...

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Citation
[2023] EWCOP 30
Parties
Applicant: TW; Respondent: Middlesbrough Council
Jurisdiction
England and Wales
Judgment Date
18 July 2023
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Judgment Following Contested Hearing on Capacity
Outcome
Declarations made that Tony lacks capacity in relation to residence, care, internet and social media use, and litigation; interim and final orders granted.
Legal Topics
Capacity Assessment, Learning Disability Diagnosis, Deprivation of Liberty, Best Interests, Internet and Social Media Use Restrictions
Mental Capacity Law Health and Social Care Law Capacity Assessment Learning Disability Diagnosis Deprivation of Liberty Best Interests Internet and Social Media Use Restrictions

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Parties

TW

Applicant

Middlesbrough Council

Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Judgment Following Contested Hearing on Capacity

Legal Issues

  1. 1 Whether Tony has capacity to decide his residence, care, and use of the internet/social media
  2. 2 Whether a formal diagnosis of learning disability is required for capacity findings under the Mental Capacity Act 2005
  3. 3 Appropriate professional standards for diagnosing learning disability

Ratio Decidendi

Tony lacks capacity to decide his residence, care, and use of the internet/social media because, on the balance of probabilities, he is unable to understand, weigh, or appreciate the consequences of his decisions due to a functional learning disability resulting from profound deprivation of communication, education, and social experience, even though he does not meet the formal diagnostic criteria for learning disability. The impairment is sufficient under the Mental Capacity Act 2005 to justify declarations and orders restricting his liberty and internet use.

Court Disposition

Declarations made that Tony lacks capacity in relation to residence, care, internet and social media use, and litigation; interim and final orders granted.

Orders

  • Final declarations of lack of capacity in relation to residence, care, internet/social media use, and litigation.
  • Authorisation for transition to Placement 2 pending best interests determination.