The High Court has authorised social workers and local authorities to restrict vulnerable people’s access to social media and the internet.
The landmark judgment provides clarity about the criteria that must be met before they can impose the restrictions.
Lawyer Caroline Hurst says the case will ensure there is a balance between an individual’s rights and the need to ensure their safety
The ruling follows a one-day hearing. The court heard that a young adult with learning disabilities – known only as A – had been placing himself at risk on a regular basis because he was unable to navigate the internet and social media safely.
Many other cases on hold
An unnamed local authority brought the case so the court could provide guidance on how it should assess a person’s capacity to use such platforms. Many other cases across the country had been on hold pending the judgement.
According to Public Law experts, restrictions on internet or social media use could be a significant breach of a person’s Article 8 rights if not provided for in the individual’s care plan, properly authorised by the court and subject to regular review.
Case ensures balance is struck
Caroline Hurst, from law firm Simpson Millar, represented A. She said the case will ensure that a “balance is struck” between ensuring a person’s autonomy is respected and promoted, while allowing the professionals responsible for the care of vulnerable people the ability to take steps to safeguard them.
She said: “Given the very pervasive nature of the internet and its intrinsic link to all areas of our lives – from watching a TV programme on catch-up, to booking flights and gaining employment – this issue has wider implications in terms of protecting and promoting a person’s autonomy.”
The complex judgment detailed that there was an ‘acknowledged public uncertainty of the law surrounding online abuse’. It went on to say that the law as a whole ‘requires greater clarity, consolidation and/or rationalisation in order to be more effective’.
Call for consistency over internet use
Hurst added: “We welcome this judgment, which provides long-awaited clarity on this increasingly prominent issue.
“Going forward, there should be consistency between local authorities with regards the criteria that must be met when determining whether an individual has the mental capacity to use the internet and social media safely.”
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Published: 24 February 2019
