The Weekly Law Reports
[2019] 3 WLR 59
Court of Protection
In re
A (An Adult)
[2019] EWCOP 2
2019 Jan 21;
Feb 21
Feb 21
Cobb J
Mental disorder— Capacity— Determination— Use of internet and social media— Adult with significant learning disabilities at risk of sexual abuse and potential criminal charges as result of internet and social media use— Whether having capacity to engage in social media and use internet— Whether domestic mental capacity legislation to be interpreted and applied consistently with United Kingdom’s treaty obligations— Whether issue of capacity to engage in social media and internet use distinct from capacity to engage in other forms of contact— Whether appropriate to assess capacity in relation to using the internet for social communications separately from using it for other purposes— Nature of “information relevant to the decision”— Whether declarations to be made—
Mental Capacity Act 2005 (c 9), s 3[1]
—
United Nations Convention on the Rights of Persons with Disabilities (2006), arts 9, 21, 22
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