Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15

Capacity decision concerning Laura Wareham, an adult woman, and where there is disagreement  between her and the treating clinicians over her treatment. 

A transparency order allowed the reporting of Laura's name. She is a 36 year old woman diagnosed with Ehlers Danlos Syndrome and autistic spectrum disorder, though other diagnoses are disputed. For the previous four years she has been bed bound as she says she is in too much pain to stand (the clinicians disagree). She was admitted to hospital in 2022 and there were concerns over her parents' involvement in the medical treatment (her father is an anaesthetist). She was moved to North Wales, for reasons that are unclear, and her parents moved to rented accommodation to be near her. In previous proceedings, it had been determined it was in Laura's best interest to move to a rehabilitation unit which she did in February 2024.

In this judgment, John McKendrick KC, sitting as a Tier 3 Judge, reviews the expert evidence from two witnesses, one jointly appointed and the other appointed by the parents. He also sets out evidence from the father, others involved and Laura herself, who stated she wanted to be moved to a place of safety as, in short, she believed her human rights were being infringed. Preferring the evidence of the joint expert, where opinions differed, the judge concludes Laura lacked capacity in several areas, including whether to have contact with her parents. He also an interim declaration that Laura lacks capacity to use social media to contact others.

Read the judgment on Bailii