What happened

Application by the local authority for final capacity declarations under the Mental Capacity Act 2005.

• 📌CC is a 23‑year‑old man living with his grandmother with a structured care package.
• 📌Diagnoses include learning disability and psychosis; autism framework used clinically.
• 📌Significant history of violence, aggression, and criminal justice involvement. Recent period of stability, engagement, and skill development. Joint expert evidence heard from a clinical psychologist. Judicial concerns raised about expert instruction and document management.

Decision / outcome

• 📌Capacity is assessed by reference to the specific decision, the relevant information for that decision, and the person’s ability to understand, use or weigh that information.
• 📌Residence decisions may depend on understanding linked care arrangements and contact consequences; apparent choice is insufficient if the available options are not understood.
• 📌Apply the Cheshire West acid test: continuous supervision and control plus not free to leave; focus on the existence of restrictions, not simply how often they are enforced.

Implications for practice

The judgment has significant practical implications for local authorities, health bodies, and legal representatives involved in Court of Protection proceedings. It highlights the need for careful planning before seeking expert evidence, ensuring that expert instruction is justified, proportionate, and clearly structured.

• ⭐The case underscores the importance of good document management and clear communication with experts, avoiding the provision of large, unfocused bundles without guidance on relevance. It also reinforces professional discipline around communications with experts and compliance with procedural rules.