Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
New Cafcass guidance on working with children during COVID-19
The Children and Family Court Advisory and Support Service (Cafcass) has published guidance on working with children during the coronavirus (COVID-19) pandemic. The guidance sets out arrangements for...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
Online event: An update on recovery in the civil, family courts & tribunals
HM Courts and Tribunals Service has announced that it is holding an online event to discuss its recovery plan for the civil, family courts and tribunals, which was published on 9 November 2020...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
View all articles

VULNERABLE ADULT: RT v LT and A Local Authority [2010] EWCA Fam 1910

Sep 29, 2018, 17:30 PM
Slug : 2010EWCA1910
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 13, 2010, 11:20 AM
Article ID : 91301

(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.


Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from