Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3)

Capacity decision concerning AW, an 18 year old who had been having suicidal thought.

AW had become withdrawn and started having suicidal thoughts following an assault - a punch to the head - by a fellow school pupil. She had been sectioned under the MHA on occasion since then - once being rescued from a railway bridge - and moved to council accommodation with her parents consent. During these proceedings she had also been admitted to hospital several times while a capacity assessment was delayed due to personal issues with the expert witness; he eventually concluded that AW had capacity in several areas.

Ms Justice Henke, after reviewing the chronology and the expert evidence, agrees AW has capacity noting at [57]

"Whilst AW has put herself at risk in the past, I have reminded myself that I must guard against any suggestion that unwise decision-making is analogous to decision-making without capacity. Capacitous adults may make wise or unwise decisions."

She therefore dismissed the application. 

Read the judgment on Bailii.