The High Court discharged an anonymised man in his thirties from wardship and appointed an independent decision-making representative (DMR) to assist with his affairs, after making declarations about his capacity under the Assisted Decision-Making (Capacity) Act 2015.
In an ex tempore ruling delivered on 21 February 2024, Mr Justice Mark Heslin declared that the man lacked capacity to make health and welfare decisions unless assisted by a suitable co-decision maker. The court separately declared that he lacked capacity in relation to property and financial decisions even with such assistance.
The man, referred to in the ruling as Mr W, had been admitted to wardship in 2008. The court heard that he has an acquired brain injury and obsessive-compulsive disorder, and lives in a group supported home. A consultant psychiatrist assessed his capacity across health, welfare, property and financial decisions. The psychiatrist’s report said he could communicate decisions but had difficulties understanding, retaining or weighing relevant information in several areas.
The court said no suitable person had been identified to act as co-decision maker. The man had expressed a wish that his mother and siblings not take on the property and financial role, and that someone independent be appointed. He had also asked for someone from WALK to assist with health and personal welfare decisions, but was told that this was not possible under the statutory arrangements. The court said he understood the explanation and agreed to an independent appointment.
The ruling noted that the man wanted things to remain as they were in his day-to-day life and was happy with his current home. The judge said the discharge would not change those circumstances. The court also recorded his hope of becoming a DJ.
The court approved the nomination of an experienced barrister, anonymised as Ms V, as DMR. It ordered that the man be discharged from wardship and that his affairs be managed with the DMR’s assistance, subject to the Act. The DMR must, so far as practicable, make decisions jointly with him. The order also provides for the DMR to receive the application documents and the man’s assets, and to account to the Director of the Decision Support Service. The ruling refers to arrangements for his social protection payment and requires a capacity review no later than three years from the order.
The court prohibited publication of information likely to identify the man. The applicant did not seek costs.