Warrington Borough Council v Y & Ors

Warrington Borough Council v Y & Ors

The court preferred Dr Todd's evidence, finding Y lacks capacity to make decisions regarding care and residence due to pervasive dysexecutive syndrome from traumatic brain injury, which impairs her ability to plan, organise, and weigh relevant information, thus rebutting the presumption of capacity under the MCA 2005.

Parties
Applicant: Warrington Borough Council; First Respondent: Y; Second Respondent: AB; Third Respondent: CD
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Court of Protection Application / Final Judgment
Outcome
Y lacks capacity to make decisions regarding care and residence.
Legal Topics
Capacity Assessment, Care and Residence Decisions, Mental Capacity Act 2005, Traumatic Brain Injury, Autistic Spectrum Disorder
Mental Capacity Health Law Capacity Assessment Care and Residence Decisions Mental Capacity Act 2005 Traumatic Brain Injury Autistic Spectrum Disorder

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Parties

Warrington Borough Council

Applicant

Y

First Respondent

AB

Second Respondent

CD

Third Respondent

Procedural Posture

Court of Protection Application / Final Judgment

Legal Issues

  1. 1 Does Y have capacity to make decisions regarding her care and residence under the Mental Capacity Act 2005?

Ratio Decidendi

The court preferred Dr Todd's evidence, finding Y lacks capacity to make decisions regarding care and residence due to pervasive dysexecutive syndrome from traumatic brain injury, which impairs her ability to plan, organise, and weigh relevant information, thus rebutting the presumption of capacity under the MCA 2005.

Court Disposition

Y lacks capacity to make decisions regarding care and residence.

Orders

  • Court authorises deprivation of liberty and care arrangements under sections 4A and 16 of the Mental Capacity Act 2005.
  • Ongoing obligation to promote Y's capacity and reassess if circumstances change.