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England and Wales Court of Protection Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Protection Decisions >> SL, Re [2017] EWCOP 5 (31 March 2017) URL: http://www.bailii.org/ew/cases/EWCOP/2017/5.html Cite as: [2017] EWCOP 5 |
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42-49 High Holborn London WC1A 9JA |
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B e f o r e :
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LONDON BOROUGH OF BRENT |
Appellant |
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- and - |
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SL (1) |
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NL (2) |
Respondents |
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Ms Anna Bicarregui (instructed by Irwin Mitchell LLP) for the First Respondent
The Second Respondent appeared in person
Hearing date: 24 February 2017
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Crown Copyright ©
District Judge Glentworth:
Capacity evidence
i) SL lacks the capacity to make a decision about where she should live;
ii) she is unable to make a decision about the nature of her care;
iii) the question of whether she has capacity to consent to anti-psychotic medication is doubtful because, 'I do not think she understands she is suffering from schizophrenia' [4.1.4];
iv) she has capacity to enter into a tenancy agreement but his view of that would change if it is necessary for her to understand why she needs accommodation of that kind;
v) she does not lack capacity to manage her property and affairs.
When addressing the question of litigation capacity he found it difficult to reach a conclusion although he said that, if pressed, he thought she did not lack capacity in that area.
The Law
a) to understand the information relevant to the decision,
b) to retain that information,
c) to use or weigh that information as part of the process of making the decision.
The MCA also provides that, 'The information relevant to a decision includes information about the reasonably foreseeable consequences of
(a) deciding one way or another, or
(b) failing to make the decision.' (section 3(4) MCA)
Decision