This was an application by the Local Authority, Leicester City Council, to determine whether or not the Protected Party lacked capacity under the Mental Capacity Act 2005 (‘MCA’) to make decisions about her residence, care, contact, access to social media and the internet, to enter and surrender a tenancy and to consent to sexual relations. In the event the Protected Party had MCA capacity in any of these arears, the court was asked to make a determination as to whether the Protected Party was a vulnerable adult in respect of whom the court should consider making orders to protect her pursuant to its Inherent Jurisdiction.
The Protected Party was a 31-year-old woman with a learning disability associated with a history of social and functional skills impairment and significant cognitive impairments. The Protected Party was diagnosed as suffering from two types of personality disorder: Emotionally Unstable Personality Disorder and Dependent Personality Disorder. The Protected Party lived in a supported living placement. The Local Authority had significant concerns about the Protected Party’s safety and welfare and the risk certain individuals with whom she chose to form relationships posed to her.
The court ruled that the Protected Party was a vulnerable adult and considering how the personality disorders impacted on all of her decision-making, concluded that they did so distort her perception of the world and that she lacked capacity in all of the said areas including consenting to sexual relations.
The full judgement can be read here
If you have any questions regarding this summary case law please contact Amanda Dinnin here