A 70-year-old man with an intellectual disability has been discharged from wardship by the High Court, which appointed decision-making supports for his financial, health and personal welfare decisions.
In an ex tempore ruling delivered on 24 June 2024, Mr Justice Mark Heslin made declarations under section 55 of the Assisted Decision-Making (Capacity) Act 2015. He found that the man lacked capacity for health and personal welfare decisions unless supported by a suitable co-decision-maker. He found that the man lacked capacity for property and financial decisions even if such assistance were available.
The court appointed solicitor Ms P as decision-making representative for property and financial decisions. It authorised her to receive the assets held by the Accountant of the Courts of Justice and in the General Solicitor’s committee account, subject to providing details of an account under her control in the man’s and her names. She must report to the Director of the Decision Support Service. The court also ordered her to review the man’s personal allowance and care and maintenance allowances within three months. She is not entitled to remuneration from his assets, and the decision-making representatives cannot claim expenses from them.
For health and personal welfare decisions, the court temporarily appointed the man’s cousin as decision-making representative. The cousin is to act jointly with the man. That appointment will cease when a co-decision-making agreement for those areas is registered with the Decision Support Service. The court ordered registration within three months, with liberty to apply if a practical issue arises.
The judge said the man’s day-to-day arrangements would continue as before. Evidence described him as living with his cousin and the cousin’s wife, attending a local church, helping in the community and having a good quality of life. The court also ordered a review of his capacity no later than three years after the order.
The judgment records that the medical evidence was uncontroverted. Dr K assessed the man in February 2024 and said his intellectual disability resulted from congenital hydrocephalus. An independent social worker’s report described his community life and the support he received. The court also made an order under section 27 of the Civil and Miscellaneous Provisions Act 2008 concerning reporting restrictions.