TW v Middlesbrough Council

TW v Middlesbrough Council

TW lacks capacity to decide his residence, care, and use of the internet and social media due to an impairment in the functioning of his mind or brain, specifically a functional learning disability resulting from deprivation of communication, education, and social experience before age 18, combined with institutionalisation. This impairment prevents him from understanding the consequences and wrongfulness of accessing images of child sexual abuse, and underpins his incapacity in the relevant domains.

Parties
Applicant: TW; Respondent: Middlesbrough Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Mental Capacity Application / Post Hearing Judgment on Capacity and Interim Orders
Outcome
Declarations made that TW lacks capacity in relation to residence, care, use of internet and social media, and to litigate. Interim orders granted.
Legal Topics
Capacity Assessment, Learning Disability Diagnosis, Deprivation of Liberty, Best Interests, Use of Internet and Social Media, Residential Placement
Mental Capacity Law Health Law Social Care Law Capacity Assessment Learning Disability Diagnosis Deprivation of Liberty Best Interests Use of Internet and Social Media +1 more

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Parties

TW

Applicant

Middlesbrough Council

Respondent

Procedural Posture

Mental Capacity Application / Post Hearing Judgment on Capacity and Interim Orders

Legal Issues

  1. 1 Whether TW has capacity to decide his residence, care, and use of the internet and 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 formulation of TW's impairment for service eligibility

Ratio Decidendi

TW lacks capacity to decide his residence, care, and use of the internet and social media due to an impairment in the functioning of his mind or brain, specifically a functional learning disability resulting from deprivation of communication, education, and social experience before age 18, combined with institutionalisation. This impairment prevents him from understanding the consequences and wrongfulness of accessing images of child sexual abuse, and underpins his incapacity in the relevant domains.

Court Disposition

Declarations made that TW lacks capacity in relation to residence, care, use of internet and social media, and to litigate. Interim orders granted.

Orders

  • Resumption of TW's transition to Placement 2 authorised, pending final best interests determination.
  • Support workers permitted to supervise TW's internet and social media access and prevent access to illegal material.