Hywel Dda University Health Board v P & Anor
[2024] EWCOP 70 (T3)
A Local Authority v KP & Anor
6 December 2023
[2023] EWHC 3102 (Fam)
High Court
A young woman with learning disabilities lived with her mom and her mom's boyfriend, who was a convicted sex offender. The court had to decide if she could make her own decisions about where to live. Because she couldn't fully understand the risks, the court made temporary orders to keep her safe while finding a better solution.
Key Facts
- •KP, an 18-year-old with autism and an extremely low IQ (63), lived with her mother (J) and her mother's partner (D), a convicted sex offender.
- •D has a history of possessing indecent images of children and breaching his Sexual Harm Prevention Order (SHPO).
- •KP has a history of self-harm, suicide attempts, and absconding from care placements.
- •The Local Authority and Official Solicitor raised concerns about KP's vulnerability and the risk of exploitation by D.
- •KP initially denied any abuse but later made disclosures suggesting possible grooming by D.
Legal Principles
Mental Capacity Act 2005 (MCA): A person lacks capacity if unable to make a decision due to an impairment of, or disturbance in the functioning of, the mind or brain.
MCA s.2(1)
MCA s.1: Principles of capacity assessment, including the presumption of capacity, taking all practicable steps to help a person make a decision, and acting in the best interests of a person lacking capacity.
MCA s.1
MCA s.3: Four elements of capacity: understanding relevant information, retaining information, using/weighing information, and communicating a decision.
MCA s.3(1)
MCA Code of Practice: Guidance on providing relevant information for capacity assessments, including the nature of the decision, reasons, and likely effects.
MCA Code of Practice para 4.16
Inherent jurisdiction of the High Court: Power to protect vulnerable adults whose decision-making has been unlawfully interfered with.
DL v A Local Authority & Ors [2012] EWCA Civ 253
Court of Protection's power to grant injunctive relief to support best interests decisions.
Re SF (Injunctive Relief) [2020] EWCOP 19; Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312
Best interests decision-making requires consideration of available options.
N v A CCG and others [2017] UKSC 22
Outcomes
Interim declarations that KP lacks capacity to make decisions about residence with D and contact with D.
KP's inability to understand the risks posed by D due to her cognitive impairments and D's influence.
Orders for weekly meetings between KP and a Local Authority representative, alternating between a neutral location and J's home, with J and D excluded.
To monitor KP's safety and well-being while exploring long-term solutions.
D is made a party to the proceedings.
To ensure fairness and allow him to respond to any future applications affecting him.
Local Authority to prepare a plan to support KP's safety while she remains at J's house.
Due to lack of alternative suitable accommodation and the need for a practical approach.