Social media, the internet and its relevance for those who may lack mental capacity

In two related decisions, the Court of Protection outlines the test for capacity in the context of the internet and social media use.

Health professionals involved in making capacity and best interests decisions will find the tests for handling the internet helpful as the court reflects that: “The internet and associated social media networks are particularly important for people who have disabilities, and/or social media problems.” Putting it simply, it is identified as a right within the Convention on the Rights of Persons with Disability.

To find out what Mr Justice Cobb outlined, as the relevant and irrelevant information for the purposes of deciding whether a person has capacity to make decisions on matters of social media and internet use, head over to Alex Ruck Keene’s Mental Capacity Law and Policy website and read his blog post: Capacity, social media and the internet.

Our content explained

Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.

Posted by


Mills & Reeve Sites navigation
A tabbed collection of Mills & Reeve sites.
My Mills & Reeve navigation
Subscribe to, or manage your My Mills & Reeve account.
My M&R


Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages.

Existing clients

Log in to your client extranet for free matter information, know-how and documents.


Mills & Reeve system for employees.