Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

GW v A Local Authority & Anor

2014

COURT OF PROTECTION

United Kingdom

CORAM

  • THE HONOURABLE MR JUSTICE BAKER

Areas of Law

  • Health Law
  • Mental Capacity Law
  • Human Rights Law

AI Generated Summary

GW, a 48-year-old woman with Huntington’s Disease, appealed a Court of Protection decision stating she lacks capacity to leave her residence unescorted and make decisions about her care and residence. GW challenged the legality of the deprivation of liberty under s. 48 of the Mental Capacity Act 2005 and claimed the initial judgment failed to properly evaluate her capacity. The court, relying significantly on professional assessments, reaffirmed that GW lacked the requisite capacity. The appeal was dismissed, with the court emphasizing that any appellate tribunal would find Judge Marston’s judgment to be right and just.