The High Court has discharged a young woman from wardship after declaring that she does not lack capacity in decisions about her personal welfare, property and affairs.
Mr Justice Heslin made the declaration under section 55(1)(a) of the Assisted Decision-Making (Capacity) Act 2015. He ordered that she be discharged from wardship under section 55(2), returned to the management of her own affairs and have her property returned to her. The ruling was delivered ex tempore on 28 February 2024.
The woman, referred to in the ruling as Ms M, was born in 2002 and admitted to wardship in May 2022. The General Solicitor was committee of her person and estate. The application to end wardship was brought by the committee by motion issued on 23 October 2023.
The judge considered a psychiatrist’s report following an assessment on 21 September 2023. The report said Ms M had capacity at that time in relation to her welfare and health needs. The psychiatrist said it was more challenging to assess her capacity in complex financial management, which had not been tested, and that positive risk taking would be required to do so.
A social worker’s report said Ms M wished to leave the care system and make her own life choices. The worker and psychiatrist considered that she would benefit from support with financial management. The judge said a view that support would be beneficial was distinct from evidence that she lacked capacity. He concluded the evidence did not support a finding that she lacked capacity in financial matters.
The court heard that Ms M had been accessing homeless services after a previous placement broke down. The judgment also recorded that she was pregnant, as reported in the evidence. Ms M did not attend the hearing. The judge found that reasonable efforts had been made to encourage and facilitate her participation and that proceeding in her absence would cause no injustice, having regard to section 139 of the Act.
The judge noted that the discharge reflected a long-held wish of Ms M’s and congratulated her on exiting wardship.