A Local Authority v AB & Anor [2020] EWCOP 32

There was a dispute as to whether the conclusions of a second independent expert psychiatrist  should be accepted, and final declarations made in accordance with those conclusions.

The P is a 30 year old woman who has been diagnosed with a mild to moderate learning disability. Her mother initiated proceedings after the P began a relationship with a man and moved to live with him. There were concerns relating to, amongst others, ​residence, care and support needs, contact and contraception. There were varying opinions concerning the report from an independent expert psychiatrist and the court had to look at previous declarations it had made as well as decide others.

The court ruled as follows:

• The current extant declarations that the P lacks capacity to decide where she lives, about her care and to make decisions about contraception should be discharged. The final declaration that the P lacks capacity to conduct proceedings will remain in place.
• The final declaration that SB lacks capacity to make decisions about the contact that she has with other people should be discharged.  The more neutral position of there being no declaration in relation to this area of capacity should pertain pending the outcome of the third report.
• The current position in relation to the P’s capacity to manage her property and affairs (namely no declaration whether final or interim) will continue to pertain.
• There will be final declarations pursuant to section 15 that the P has capacity to make decisions about her residence, care, access to the internet and social media and contraception.

Read the full text of the judgment on Bailii