Sunderland City Council vs CLF, NJF, and JT

This case concerned the mental capacity of CLF to make decisions about residence, care, contact with others, use of the internet and social media, engagement in sexual relations, and the use of contraception.

TLDR:

• The court assessed CLF's capacity to make various personal decisions.
• CLF was found to lack capacity for most decisions except for engaging in sexual relations.
• The court emphasized the need for focused educational work to potentially improve CLF's decision-making capacity regarding contraception.

CLF, a young woman with a Learning Disability, Autism Spectrum Disorder, and Attention Deficit Hyperactivity Disorder, was under the care of Sunderland City Council. Her capacity to make decisions about her residence, care, contact with others, use of the internet and social media, engagement in sexual relations, and the use of contraception was in question.

Mr. Justice Poole presided over the case, hearing evidence from KD, a senior social worker, and Dr. Lisa Rippon, a Consultant Developmental Psychiatrist. By the time of closing submissions, it was agreed that CLF lacked capacity to conduct the proceedings and make decisions about her care, contact with others, and the use of the internet and social media.

CLF's background included a history of unstable living arrangements and risky behaviors, including absconding from placements and engaging in sexual activities with men she met online. These behaviors raised concerns about her ability to make safe and informed decisions.

Dr. Rippon's expert evidence was pivotal. She concluded that CLF lacked capacity to make decisions about her care and the use of contraception but had the capacity to engage in sexual relations. Dr. Rippon suggested that focused educational work could potentially improve CLF's understanding and decision-making capacity regarding contraception.

The court accepted the expert evidence and agreed positions of the parties, making final declarations of CLF's lack of capacity in the agreed areas. However, the court found that CLF had the capacity to engage in sexual relations, emphasizing the importance of not setting the bar too high for capacity in this area.

Mr. Justice Poole highlighted the need to respect and protect CLF's autonomy where possible, while also ensuring her safety and well-being. The court's decision balanced these considerations, providing a clear framework for future care and support for CLF.

The judgment underscored the importance of tailored educational programs to enhance decision-making capacity and the need for practical care plans that align with the court's findings on capacity.

Legal representatives: Sam Karim KC (instructed by EMG Solicitors Ltd) for the Applicant, Joseph O'Brien KC (instructed by BHP Law via the Official Solicitor) for the First Respondent, Richard Copnall (instructed by David Gray Solicitors via the Official Solicitor) for the Second Respondent

Judicial Panel: MR JUSTICE POOLE

Case Citation Reference: [2024] EWCOP 11