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Family Law

The leading authority on all aspects of family law

16 OCT 2012

CAPACITY:A Local Authority v FG and Others (No 1) [2011] EWHC 3932 (COP), [2012] COPLR 473

(Court of Protection, Hedley J, 25 October 2011)

Proceedings were issued in relation to an 18-year-old woman to determine future welfare issues. As a preliminary issue the court was asked to determine whether she had capacity under the Mental Capacity Act 2005.

As a child the woman suffered a permanent brain injury and was diagnosed with cerebral palsy. During proceedings a clinical psychologist assessed the woman to function at around the chronological age of 6 or 7 despite the fact that she had considerable social and language skills. She was currently living in the care of the local authority and had contact with her parents and wider family.

The court found that the woman lacked capacity to in each of the specified areas the court was requested to determine including her living arrangements, capacity to litigate and deal with her financial affairs.

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