AB, APPLICATION BY DARLINGTON BOROUGH COUNCIL IN RESPECT OF THE ADULT [2018] ScotSC 4 (19 January 2018)

The court found that AB lacks capacity to make decisions regarding their welfare and that it is necessary and proportionate to grant the orders sought by the applicant to protect AB's interests.

Source-derived case information.

Citation: [2018] ScotSC 4
Parties: Applicant: Darlington Borough Council; Respondent: AB
Jurisdiction: Scotland
Judgment Date: 19 January 2018
Procedural Posture: Application / Judgment
Outcome: application granted
Legal Topics: Capacity, Welfare of Vulnerable Adults

Mental Health Law Adult Protection Capacity Welfare of Vulnerable Adults

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Darlington Borough Council

Applicant

Respondent

Procedural Posture

Application / Judgment

Legal Issues

1 Whether AB lacks capacity to make decisions regarding their welfare
2 Whether protective measures should be put in place for AB

Ratio Decidendi

The court found that AB lacks capacity to make decisions regarding their welfare and that it is necessary and proportionate to grant the orders sought by the applicant to protect AB's interests.

Court Disposition

application granted

Orders

Protective measures for AB's welfare granted as sought by the applicant

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