The High Court declared that K.K. does not lack capacity and discharged her from wardship, remitting her to the management of her own affairs.
Mr Justice Mark Heslin delivered the ruling on 31 October 2024 in an application under section 55 of the Assisted Decision-Making (Capacity) Act 2015. The General Solicitor’s Office brought the application. The court said K.K. had entered wardship in January 1988 after injuries sustained in a road traffic accident. Her mother was committee of her person, and the General Solicitor was committee of her estate.
The judge considered a consultant psychiatrist’s report following an assessment on 28 August. The psychiatrist concluded that K.K. did not lack capacity in healthcare, welfare or financial matters. She was able to understand, retain, weigh and communicate relevant information. The report also said she might struggle with more complex financial matters and could benefit from a decision-making assistant for those decisions.
An independent social worker who met K.K. on 12 June reported that she was managing day to day, wanted to leave wardship and felt she did not need support or assistance in any area of her life. The worker said her mother and brother shared that view. The judge noted evidence that her brother was a dependable source of support and advice.
The court declared under section 55(1)(a) that K.K. does not lack capacity. It then discharged her from wardship under section 55(2) and remitted her to manage her own affairs. The orders also entitle her to receive assets held on her behalf by the Accountant of the Court of Justice and in the committee account, and direct the Accountant to carry out the payment schedule. The judge made no order for costs.
A separate order under section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 anonymised K.K. for privacy. The ruling does not identify the assets or state their value.