The court had to make decisions in relation to whether the P had capacity to make decisions about his engagement in AEA and in relation to his contact with people he meets online.
Application by the P's mother for the court to recognise Letters of Guardianship granted by a US court, which confer authority on the mother to make decisions in respect of the P's person, and to determine a challenge to the standard authorisation in respect of deprivation of liberty in the P's current living arrangements by returning her to the care of her mother. The application for recognition of Letters of Guardianship was refused on the grounds of public policy and the challenge to the current authorisation was dismissed.
Appeal against a court decision that the P lacked capacity to make decisions about his residence and care. The appeal was allowed.
The court had to decide if the P, who lives in a flat in supported accommodation, was being deprived of her liberty. The court ruled that she was.
Application brought by the Local Authority seeking declarations and orders to enable safeguarding of AW, a 35-year old man living in residential care placement but where there are concerns about his capacity to decide on sexual relationships and other matters.
Application by the P's daughter to achieve his discharge from the care home where he is presently living and a declaration that it is in his best interest to be returned to his home with an appropriate package of support.
The LA was seeking declarations in relation to the P’s capacity in a number of areas of her life.
Applications brought under the Mental Capacity Act 2005 seeking section 15 declarations in relation to the P's capacity to make a range of relevant decisions and various best interests' determinations; and further seeking authority to deprive the P of his liberty at his accommodation and in the community. The applications were granted.
Judgement, following an earlier extempore judgment by Hayden J, concerning the framework of applicable law where the Court is faced with making an anticipatory decision that may result in the deprivation of P’s liberty should they lose a capacity in the future, where the matter was urgent and where the health of an unborn child was also at stake.
Applications to reconsider capacity rulings in relation to the P, particularly in relation to sexual relations and contraception and to review the best interests provisions in the light of any change that the court may make to the declarations.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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