header-logo header-logo

18 April 2019 / Laura Davidson
Issue: 7837 / Categories: Features , Mental health , Technology
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll