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Contact with others – where the person themselves is a risk

Updated: Mar 7

A recent judgment from the Court of Protection considered mental capacity for contact with others. This is a common issue for the court but in this case rather than the person being vulnerable from abuse the reverse was true. The case concerned a young man with a mild learning disability and Attention Deficit Hyperactivity Disorder (ADHD). The judge stated: ‘The issue the Official Solicitor addresses here is that Peter poses a risk to other people, people he does not know and is unable to understand that he poses that risk. This is particularly so because of the sexual nature of the harm he poses. The Official Solicitor agrees with Dr Rippon and the Local Authority that Peter lacks the capacity to make decisions about contact with other people (except his mother and Jenny). I am satisfied for the reasons they give and which I have touched upon earlier in this paragraph that he lacks capacity in this domain.’

Download the full judgment from HERE.

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