Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Edward Bennett
Edward Bennett
Read on
VULNERABLE ADULT: RT v LT and A Local Authority [2010] EWCA Fam 1910
Date:13 AUG 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.


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.