Local Authority A vs ZZ

This case concerned an appeal by Local Authority A against a decision that ZZ, a young man with learning disabilities, had the capacity to make decisions about his residence, engaging in sexual relations, and marriage.

TLDR:

• Local Authority A appealed a decision that ZZ had capacity to make decisions about residence, sexual relations, and marriage.
• The court examined ZZ's mental capacity under the Mental Capacity Act 2005.
• The appeal was partially successful, with the court finding errors in the original judgment regarding ZZ's capacity.

ZZ, a 20-year-old man diagnosed with mild learning disability, ADHD, and possible OCD, had a history of both being sexually abused and committing sexual offenses. He was under a Sexual Harm Prevention Order (SHPO) and had been placed in various care settings due to his challenging behaviors.

As ZZ approached adulthood, he expressed a desire to live with his girlfriend, TD, and engage in sexual relations. The local authority applied to authorize his deprivation of liberty, leading to assessments of his capacity to make such decisions.

Dr. Lisa Rippon's assessments initially found ZZ had capacity in some areas but lacked it in others. However, her conclusions evolved, particularly concerning ZZ's ability to control his sexual urges and understand consent.

The court had to consider whether ZZ's impulsivity and lack of insight into his behaviors affected his capacity to make decisions about residence, sexual relations, and marriage. The original judgment found ZZ had the capacity in these areas, but the local authority appealed.

On appeal, the court found that the original judgment did not adequately address the complexities of ZZ's mental impairments and their impact on his decision-making abilities. The appeal was allowed in part, with the court ordering a reassessment of ZZ's capacity in the contested areas.

Legal representatives: Mr. Joseph O'Brien KC and Ms. Lucinda France-Hayhurst for the Appellant, Ms. Sophia Roper KC and Dr. Oliver Lewis for the Respondent.

Judicial Panel: Mrs. Justice Theis

Case Citation Reference: [2024] EWCOP 21