Jurisdiction(s):
United Kingdom

MCA 2005 least-restrictive best interests: covert HRT ended; A to return home; Court of Protection decision upheld on appeal (England and Wales)

Published on: 21 June 2024

Published by a LexisNexis Private Client expert

Legal News

Article summary

Don’t let the perfect be the enemy of the realistic (Local Authority v A & Others)

A Local Authority v A (by her litigation friend, the Official Solicitor) and others [2024] EWCOP 19

What are the practical implications of this case?

Although the courts labelled the facts as ‘extraordinary’ and ‘highly abnormal’, the core lesson for practitioners is simple: do not let the ideal overshadow what is achievable in reality. When deciding what best serves a person who lacks capacity, professionals ought not to pursue supposedly risk-free choices that are unavailable or unreal, particularly where that riskless route most restricts the protected person’s autonomy and human rights. The focus should be on workable arrangements, not on unattainable perfection, especially where absolute safety would come at the greatest cost to the individual’s freedoms. Under the Mental Capacity Act 2005, everyone, including the court, must try to meet their objectives by adopting the least restrictive approach (MCA 2005, s 1(6)). That requires a grounded, practical weighing of each option’s benefits and drawbacks to determine whether the advantages of restrictions outweigh their disadvantages; in A’s situation, whether the health gains from continuing covert medical treatment exceeded the harmful effects of her being deprived...

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