13 August 2010

(Family Division; Sir Nicholas Wall P; 27 July 2010)

The vulnerable adult had a long-history of psychiatric problems and was diagnosed as having Pathological Demand Avoidance Syndrome (PDAS). The adult had significant problems with social interaction and behaviour but only mild learning disability. The adult was resistant to care and medical intervention when she was placed in residential care. It was difficult to tell how much the adult understood, because she deliberately avoided hearing information that she did not want to hear. The adult had significant problems in balancing information but had a genuine wish to return home.

The issue was whether the adult lacked capacity regarding residence. Application of Mental Capacity Act 2005, ss 1-3. Pre-Act authority was not relevant and plain words of the Act were to be directly applied to the facts and complicating factors should be avoided.

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