By Ruth Mercer
The High Court has ruled that a man seeking discharge from wardship should be supported by an independent co-decision-maker, rejecting calls from family members for the more restrictive appointment of a decision-making representative.
The case concerns D, whose identity is protected, and an application under the Assisted Decision-Making (Capacity) Act 2015. His mother and brother argued that he could not live independently and needed a decision-making representative, with one of them potentially taking that role.
Mr Justice Mark Heslin said on 23 January 2026 that those concerns were genuinely motivated by a wish to protect D, but had to be considered alongside the statutory presumption of capacity, the requirement to minimise restrictions on a person's rights and the importance of the person's own wishes.
Two independent consultant psychiatrists had assessed D. A court medical visitor concluded in December 2024 that he lacked capacity to make personal welfare and property and affairs decisions unless assisted by a suitable co-decision-maker. A second consultant psychiatrist reported in June 2025 that D did not lack capacity but nevertheless recommended decision-making assistance. Neither recommended a decision-making representative.
D accepted the court medical visitor's assessment and told the court through counsel that he wanted support through a co-decision-maker who would be independent of his family.
The judge declined a family request for a third capacity assessment. He also gave greater weight to the two specialist psychiatric assessments than to an opinion from D's long-standing GP, who had not formally assessed D's decision-making capacity and had not clinically assessed him for two years.
The court declared that D lacks capacity in the specified areas unless suitable co-decision-making assistance is available. Final orders were adjourned to allow an independent co-decision-making agreement to be arranged and registered. The judge made no adverse findings against D's family members.