Re AA (Social media and internet use) [2021] EWCOP 70

Social media and internet use "In the absence of any evidence, for many months now, of AA putting himself at risk of harm in his use of the internet and social media, I am satisfied that there is insufficient evidence for me to conclude that he lacks capacity to make decisions in respect of his use of the internet and of social media. Even if I am wrong in coming to that conclusion and I ought to find that he does lack capacity, I am entirely satisfied that it is not in his best interests for the daily checks to be undertaken of his electronic devices because: (a) they deliver no evidence of any value and afford no protection to AA; and (b) it is contrary to AA's wishes that those checks are undertaken, which causes him some distress and/or at least uneasiness."

Note

Was on BAILII at https://www.bailii.org/ew/cases/EWFC/HCJ/2021/70.html for a while prior to proper anonymisation.

Essex

Essex newsletter 128.pdf
This case has been summarised on page 12 of 39 Essex Chambers, 'Mental Capacity Report' (issue 128, December 2022).

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Other capacity cases🔍

Date: 9/12/21🔍

Court: Court of Protection🔍

Judicial history:

Judge(s):

Parties:

Citation number(s):

What links here:

Published: 1/12/22 16:17

Cached: 2024-04-21 20:58:35