England and Wales Case Law

XY, Re

The authority of welfare deputies is limited to the specific powers positively conferred by the deputyship order; decisions about internet and social media use are not included unless expressly stated. The Court of Protection retains the power to make best interests decisions even where a deputy has authority and is willing to act. It is not in XY's best interests to vary the deputyship order to include authority over internet and social media use at this time.

Source excerpt

• Deputyship authority
• Best interests decisions
• Internet and social media use
• Variation of deputyship orders
• Court of protection powers

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XY, In the Matter Of

XY, In the Matter Of [2025] EWCOP 55 (T2) (06 March 2026)

The Court of Protection held that welfare deputies did not have authority over XY’s internet and social media use, and refused to vary the order.

• Deputyship authority
• Best interests decision-making
• Internet and social media use
• Scope of welfare deputyship
• Variation of deputyship orders
• Deputyship-authority

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AA, Re (Capacity: Social Media and Internet Use)

AA, Re (Capacity: Social Media and Internet Use) [2021] EWCOP 70 (09 December 2021)

The Court of Protection refused to declare that AA lacked capacity to use the internet and social media, and held daily checks of his devices should stop.

• Capacity assessment
• Internet and social media use
• Best interests
• Autism spectrum disorder
• Capacity-assessment
• Internet-and-social-media-use

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EOA, Re

EOA, Re [2021] EWCOP 20 (29 January 2021)

The Court of Protection held that EOA lacked capacity for foreign travel, contact and internet/social media use, and authorised his care plan and deprivation of liberty.

• Capacity assessment
• Best interests
• Deprivation of liberty
• Care planning
• Contact with family
• Foreign travel

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A Local Authority v AW

A Local Authority v AW [2020] EWCOP 24 (20 May 2020)

Court of Protection judgment on AW’s capacity concerning residence, care, internet use, disclosure of information, and sexual relations, plus deprivation of liberty.

• Mental capacity act 2005
• Capacity to make decisions
• Deprivation of liberty
• Best interests
• Sexual relations and capacity
• Residence and care decisions

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A (Capacity: Social Media and Internet Use: Best Interests)

The Court of Protection held that A lacked capacity to use the internet and social media, and approved a supervised access plan in his best interests.

• Capacity assessment
• Internet and social media use
• Best interests
• Contact
• Care arrangements
• Mental-capacity

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