​Oldham Metropolitan Borough Council v KZ & Ors [2024] EWCOP 72 (T3)

Decision about KZ, a 20 year old deaf man, and his capacity to decide on residence and to refuse contact with his parents.

Prior to these proceedings, KZ had been assessed as lacking capacity but a move to a new placement with better specialist help led to a further assessment following which the assessor found KZ did have capacity, though that capacity fluctuated. The local authority was seeking anticipatory declarations to enable them to put a care plan into place which reflected the new capacity assessment. 

After reviewing the evidence, and noting at [65] her previous decision in Leicestershire County Council v P and Another (Capacity: Anticipatory Declaration) [2024] EWCOP 53 that the Court does have the power to grant anticipatory declarations, Theis J makes the declarations despite the opposition from his family. She also notes at [95] comments about the use of non-specialists assessing the capacity of deaf people.    

Read the judgment on the National Archive.