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18 April 2019 / Laura Davidson
Issue: 7837 / Categories: Features , Mental health , Technology
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Internet & social media use: a tangled capacity web

How can mental capacity be assessed in the online sphere? Laura Davidson examines two recent rulings in the Court of Protection

  • Two recent Court of Protection cases consider mental capacity and consent through the lens of internet and social media use.

The Court of Protection was recently propelled into the technological present, with two linked cases focusing for the first time on internet and social media use by adults with learning disability. Re A (capacity: social media and internet use: best interests)  [2019] EWCOP 2, [2019] All ER (D) 124 (Feb) and Re B (capacity: social media: care and contact)  [2019] EWCOP 3, [2019] All ER (D) 125 (Feb) involve the sensitive topic of capacity to consent to sexual relations, and address the minefield of ‘insidious threats posed by… those who prey on the wider vulnerabilities of the young, the learning disabled, the needy and the incautious’ through ‘mate crime’ (online befriending with abusive intent) (Re A , para [4]). The court sought the right balance between protection against the internet’s darker side, with its access

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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