XY, In the Matter Of [2025] EWCOP 55 (T2)

Judgment concerning whether the authority of appointed welfare deputies to decide whether XY should take part in particular leisure or social activities stretched to decisions about his internet and social media use.

XY is a 29 years old man with a range of diagnoses including autism and ADHD. It was agreed he lacked capacity in the relevant areas and there were concerns that his social media use was putting him at risk. His parents and two brothers were appointed welfare deputies in 2022 and the order set limits on their powers. These proceedings arose as it was unclear whether the order allowed them to make decisions about XY's social media use. As well as that question, the judge had to consider whether the Court of Protection has the power to make a best interests decision instead of a deputy who has the authority to make that decision and is willing and able to make it and in what circumstances.

After reviewing the law in detail, HHJ Hilder concludes that

• XY's internet or social media use does not fall within the scope of the personal welfare deputyship order in this matter;
  
• it was not in his best interests of XY that the order should be varied to include decisions about his internet or social media use as those decisions are better made and implemented within the collaborative framework of the Act or otherwise by the Court;
  
• and; the Court of Protection does have the power to make a best interests decision instead of a deputy who has the authority to make that decision and is willing and able to make it, but that was not necessary in this case. 

Read the judgment on Bailii.