By Josie Seydel and Claire Martin, 19 February 2023 Editorial Note: A psychologist gave professional witness evidence at this hearing about P’s capacity to make decisions relating to care and contact. The two observers who’ve co-authored this blog post are also psychologists. Listening to his evidence, they have come to opposite conclusions about P’s capacity. In this blogContinue reading “A challenging capacity assessment and a professional witness in court”
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Uncertainty about capacity for contact – and the inappropriateness of using the inherent jurisdiction
Mrs Justice Lieven remarked that “a vast amount of lawyers and legal expenses” were being used on “a relatively small amount of issues, with very fine distinctions” and that further assessment “does not feel to me, like a proportionate way forward, in a cash-strapped system” where in the case of P “there are already 8 lawyers and 3 detailed assessments”, pertinently adding “What benefit is there to P in all of this?”
Promoting Open Justice in the Court of Protection 