Court of Protection overturns capacity ruling

Introduction

The Court of Protection recently overturned a decision regarding the capacity of an individual, referred to as CT, to make decisions about his residence and care. The appeal was brought by CT's litigation friend, the Official Solicitor, against declarations made by HHJ Beckley, which stated that CT lacked such capacity.

Case Background

CT, a man in his 50s, has faced significant health challenges following a head injury at the age of 12, leading to epilepsy and other complex medical and psychiatric conditions. After a period of homelessness and substance dependency, CT was admitted to King's College Hospital for treatment. A dispute arose between the hospital and local authority regarding CT's capacity to decide on his residence and care, prompting the hospital to seek a court ruling.

Initial Court Ruling

In September 2024, HHJ Beckley ruled that CT lacked the capacity to make decisions about his residence and care needs, leading to an order for CT's deprivation of liberty while a suitable care placement was sought. This decision was based on a series of assessments, some of which concluded CT had capacity, while others did not.

Grounds for Appeal

The appeal focused on three grounds: the relevant information ground, the correct order ground, and the changed facts ground. The Official Solicitor argued that the initial judgment set too high a bar for the relevant information CT needed to consider, conflated the stages of assessing capacity, and did not fully acknowledge changes in CT's circumstances.

Judgment of the Appeal

Mrs Justice Theis, DBE, presided over the appeal and concluded that the original judgment erred in its approach to assessing CT's capacity. The judgment was found to have set an unreasonably high standard for the relevant information CT needed to understand and weigh, and improperly conflated the diagnostic and functional tests for capacity.

Legal Framework

The judgment reaffirmed the importance of adhering to the statutory framework set out in the Mental Capacity Act 2005. The Act requires a clear delineation of relevant information and a structured assessment of whether an individual can understand, retain, use, or weigh that information. Only if these criteria are unmet should the court consider whether the inability is due to an impairment of the mind or brain.

Implications and Future Directions

The case highlights the complexities involved in assessing mental capacity, particularly in cases involving significant mental impairments. The decision underscores the need for capacity assessments to be evidence-based, person-centred, and free from assumptions about mental impairments inevitably leading to incapacity.

Conclusion

The Court of Protection's decision to overturn the initial ruling reflects a commitment to ensuring that capacity assessments are conducted within the statutory framework, without undue influence from clinical insights or assumptions. The case has been remitted to HHJ Beckley for further consideration of CT's capacity.

Learn More

For more information on mental capacity assessments, see BeCivil's guide to English Data Protection Law.

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