Tag Archives: Mental Capacity

Privacy, Capacity, and the Judge’s Communication Skills

“Hayden J has been at the forefront of ensuring that the voice of P is heard in the Court of Protection and that P is included in the hearing about them as much as is feasible… This hearing embodied that, with Hayden J taking the lead in ensuring that Ms P’s voice was not only heard but that she fully understood the proceedings. “

Psychiatric Survivors’ Views on Advance Consent and ‘Forced’ Treatment

“… I remain hopeful that by highlighting cases such as Paul’s and learning from lived experiences of psychiatric survivors, we can make small steps that will lead to better experiences of treatment for those in mental health crisis.”

When Expert Evidence Fails

A hearing before Mr Justice Poole (COP 13551368) listed for three days (26-28 October 2020) was adjourned, only part-heard, because of inadequate reports from the expert witness. The expert witness, Dr Q, a consultant psychiatrist, gave evidence that the person at the centre of the case (let’s call her Barbara) lacked mental capacity to make any of the decisions before the court. His evidence simply collapsed under cross-examination.

Ethical issues in restraining patients for dialysis

“…Two aspects of Paul’s treatment particularly interest me. First, that the restraint required is rather extreme. Second, that the patient had expressed a clear desire to be restrained as he wants to be dialyzed…”

Influencing ‘best interests’ decisions: An eloquent incapacitious P

“Many of us may be deemed by the courts to lack capacity to make key decisions about our own lives at a point where we believe ourselves entitled to make decisions for ourselves – indeed the very loss of insight that can come with brain injury may render us completely unable to recognise our own limitations. Like Mr G, we may fight (and lose) an argument that we are capacitous.”

A Decision about Capacity

Ruth was not in court. She was represented in court by a barrister appointed and instructed via the Official Solicitor. Her barrister reported that “Ruth is very clear in her own mind that she does not lack capacity to make these decisions”. But he did not argue on her behalf that the court should accept that she has capacity.

A Litigant in Person returns to the virtual court – Navigating Approaches to Care when Family and Local Authority Disagree – Part 2, One Week On

“…I also recognise that I may hear things that I disagree with in the course of a hearing. When something unexpected is said, I noted that the Judge needs to quickly form a view on whether it is relevant to the hearing or not, and if not, let it go…”

Advance Requests for Restraint and Compulsory Treatment

“For Paul, the outcome was the one he wanted – at least at time of capacity…[but]…That decision was not his. it was a best interests decision made by the court…”

The myths and mistakes of capacity and criminality

“If we recognise that P may be a victim of offending, we must also recognise that some Ps are at risk of offending. Likewise, those who have offended in the past may lose capacity in the future. When we accept these basic propositions as fact, we may start to break down the myths and stop the mistakes when issues of criminality and capacity collide.”