A Local Authority v ZX [2026] EWCOP 3 (T3)

Applications seeking declarations that ZX lacks capacity in various areas and to deprive him of liberty is in his best interests.

ZX was placed in care at three weeks old and subsequently adopted along with his brother. The adoptive parents found it difficult to control them and they were moved to a specialised residential unit. While there, incidents of  inappropriate sexual behaviour were reported. As ZX  approached 18 questions arose as to how he should complete further therapeutic work to reduce his risk of sexual harm so he was moved to a new placement, though he went missing after unsupervised community time.  At an earlier hearing concerning ZX, it had been found he lacked capacity to engage in sexual relations.

In this judgment Theis J, Vice President of the Court of Protection, agrees with the expert evidence that while ZX considers he has capacity regarding contact with others and has a strong desire to form friendships the evidence demonstrates that he is unable to use and weigh the relevant information due to his learning difficulty. She also agreed that the position should be reviewed again in two years time.

Read the judgment on Bailii