Man with brain injury from assault discharged from High Court wardship after 15 years

Mr Justice Heslin said it was a 'very tragic' situation because the man suffered an acquired brain injury following an assault in the late 1990s. Photograph: Nigel Stripe

He was ruling on an application by the general solicitor for wards of court, appointed to represent the man’s interest in wardship following the death of a relative, for orders and declarations under the Assisted Decision-Making Act, which became fully operational last year. Under the Act, the options available to the court were to declare the man does not lack capacity; lacks capacity unless a co-decision maker is appointed; or lacks capacity even with assistance of a co-decision maker with the effect the court should appoint a DMR.

The man had not challenged medical evidence from a consultant psychiatrist, including that he appeared unable to weigh financial information such as about the need to plan and budget and the risk of exploitation by those occasionally residing in his house.

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