GW v A Local Authority & Anor

Mr Justice Baker dismissed GW’s appeal from HHJ Marston’s Court of Protection decision regarding her capacity. GW, a 48‑year‑old woman with Huntington’s disease, challenged findings that she lacked capacity to leave her residential unit unescorted and to make decisions about care and residence, and initially proposed a further appeal against the District Judge’s section 48 interim DoLS order. That proposed appeal was conceded to be a second appeal barred by Rule 182, leaving capacity as the sole issue. The judge reviewed extensive professional evidence from her treating psychiatrist, an independent psychologist, an occupational therapist, and a social worker, and considered GW’s own lengthy testimony. He held that GW’s HD‑related cognitive deficits caused a lack of insight preventing her from weighing risks in real‑world situations, satisfying the functional test under the Mental Capacity Act 2005. He rejected arguments that the first instance judge conflated diagnostic and functional elements, failed to consider s.1(3) and s.1(4), or succumbed to a protection imperative. The appeal was dismissed.