Four commentaries on Re PH before Hayden J

especially psychiatric/psychological diagnosis. He ensures that the relational interplay between the health and social care organisations and each P is noted. This means that ‘behaviour’ is not located in P (or conversely only in the clinicians/teams/organisations) but in the relationship between them. Given the location of power in a patient-to-system dyad, I think this is vital in CoP cases. It conveys to each person at the centre of a case that they matter as a person in the CoP. 

How long can you keep trying to rebut the presumption of capacity?

By Celia Kitzinger, 3rd December 2021 It’s a fundamental principle of the Mental Capacity Act 2005 that “A person must be assumed to have capacity unless it is established that he lacks capacity” (1(2)) Likewise, “A person is not to be treated as unable to make a decision merely because he makes an unwise decision” (1(4)). TheContinue reading “How long can you keep trying to rebut the presumption of capacity?”