Calderdale Metropolitan Borough Council v LS & Anor [2025] EWCOP 10 (T3)

Revisiting a capacity decision where social workers were concerned P was still vulnerable.

In 2023, Cobb J decided that LS (aka Stitch in this judgment) had capacity in wide areas of her life but the social workers and carers looking after her were still concerned her capacity may fluctuate and especially in regard to her sexual behaviour which made her vulnerable. A reassessment by a senior social worker concluded Stitch did not have capacity, although she was adept at using the language she had learned over the years to present 'false capacity'.

In this judgment Cobb J reviews the assessment evidence from the joint expert in the original proceedings and that of the senior social worker for the LA, noting neither was entirely satisfactory. This time he decides Stitch lacks capacity in several areas including contact with others, her use of the internet and engaging in sexual relations. This finding necessitates a deprivation of Stitch's liberty and so he directs further hearing to consider the new plans. 

Read the judgment on Bailii