The High Court has discharged a 24-year-old autistic man from wardship without imposing decision-making support, finding that the evidence did not establish that he lacked capacity to make his own welfare or financial decisions.
Mr Justice Mark Heslin delivered the ruling on 24 April 2026. The respondent, identified only as Q, had entered minor wardship during his teenage years to receive specialist care abroad and was later made an adult ward of court.
Q has diagnoses including Autism Spectrum Disorder and Mood Disorder but no intellectual disability. He had made clear that he wanted to leave wardship without a co-decision-maker or decision-making representative and objected to continued orders restricting his autonomy.
Clinical evidence was not uniform. A February 2026 assessment by Dr S concluded that Q could understand, retain and weigh relevant information, discuss risks and benefits and communicate decisions. Dr S considered him capable of making decisions about both personal welfare and finances and recommended a gradual transition towards greater independence.
An earlier assessment by Professor T had reached a different conclusion, but a later report acknowledged that capacity is dynamic and that Q's understanding may have developed during the intervening 11 months.
Consultant forensic psychiatrist Dr R raised more significant concerns about Q's insight, support needs and ability to appreciate the consequences of some decisions, particularly those involving treatment and risk. However, the court noted that Dr R did not definitively conclude that Q lacked legal decision-making capacity.
Mr Justice Heslin stressed that the Assisted Decision-Making legislation presumes capacity and does not permit a person to be treated as incapable merely because he may make an unwise decision.
The judge found that the presumption of capacity had not been displaced. He added that, even if that conclusion were wrong, imposing decision-making support would be disproportionate given the overall evidence on risk.
Q was therefore discharged from wardship entirely and may decide for himself whether to continue accepting professional and residential supports.