TDB, R (on the application of) v London Borough of Haringey

Facts

T, now aged 25, was adopted at the age of three after suffering severe neglect by his birth parents. He has autism, a speech and language disorder, ADHD and personality disorder, suffers from severe anxiety, self-harms, and has difficulties with relationships, particularly sexual relationships; he has been arrested on several occasions, including for serious sexual offences. The London Borough of Haringey supported him under the Children Act 1989 as a child and under the Care Act 2014 as an adult. A cognitive assessment in May 2019 concluded he had no learning disability, and in June 2024 a multi-disciplinary team decided he was not eligible for support from the Haringey Learning Disability Partnership. Following a solicitor's letter of 7 October 2024 seeking specialist input, the authority completed a further Care Act assessment on 13 December 2024, which recorded that T "lacks capacity in understanding relationships/sexual relationships" but was carried out by a social worker who had not undertaken any capacity assessment. Judicial review was issued in March 2025 on three grounds: want of skills and competence, irrationality, and fettering of discretion. HH Judge Bird dismissed the claim on all grounds on 1 August 2025. Permission to appeal was granted on all grounds on 19 November 2025, with Mind intervening.