Warrington Borough Council v Y & Ors [2023] EWCOP 27

Judgment about whether Y has capacity to decide on her residence and care.

Y, is in her early twenties was born male but now identifies as female and had been diagnosed with autistic spectrum disorder as a child. In summer 2018, she sustained serious injuries, including a brain injury, in a road traffic accident which are the subject of separate personal injury proceedings and her damages are yet to be assessed.

In this judgment, Hayden J has to analyse opposing psychiatrist opinions, both of which he described as persuasive and well-reasoned, as to whether Y had capacity to decide on her care and residence. After reviewing the separate opinions and the evidence from Y's father that helps him make his decision he concludes at [46] 

"I do not consider the case is “delicately balanced” in the way that phrase is frequently used. The decision is essentially binary. It requires me to determine which of two carefully analysed opinions I consider likely to be accurate. I have come to the clear view that Dr Todd’s opinion is to be preferred"

Read the judgment on Bailii