GA, Re [2021] EWCOP 67 (01 July 2021)

GA, Re [2021] EWCOP 67 (01 July 2021)

Given the concerns raised by TA's legal representatives and the independent social worker regarding TA's mental health and capacity, the court is compelled by the Civil Procedure Rules to order an inquiry into TA's capacity to conduct proceedings, including a psychiatric assessment, to ensure the interests of justice and the welfare of GA.

Citation
[2021] EWCOP 67
Parties
Applicant: A Local Authority; First Respondent: GA (by her litigation friend, the Official Solicitor); Second Respondent: TA; Third Respondent: XA; Fourth Respondent: SR (GA’s Deputy for Property Affairs)
Jurisdiction
England and Wales
Judgment Date
01 July 2021
Procedural Posture
Court of Protection Proceedings Under the Mental Capacity Act 2005 / Interlocutory Hearing Regarding Capacity and Welfare Issues
Outcome
Interlocutory orders made; no final determination of substantive welfare issues.
Legal Topics
Litigation Friend Appointment, Capacity to Conduct Proceedings, Welfare of Vulnerable Adults, Contact Arrangements, Reporting Restrictions
Mental Capacity Law Family Law Public Law Litigation Friend Appointment Capacity to Conduct Proceedings Welfare of Vulnerable Adults Contact Arrangements Reporting Restrictions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

GA (by her litigation friend, the Official Solicitor)

First Respondent

TA

Second Respondent

XA

Third Respondent

SR (GA’s Deputy for Property Affairs)

Fourth Respondent

Procedural Posture

Court of Protection Proceedings Under the Mental Capacity Act 2005 / Interlocutory Hearing Regarding Capacity and Welfare Issues

Legal Issues

  1. 1 Whether TA has capacity to conduct litigation
  2. 2 Whether a psychiatric assessment of TA is necessary
  3. 3 Appropriate arrangements for GA's contact with family

Ratio Decidendi

Given the concerns raised by TA's legal representatives and the independent social worker regarding TA's mental health and capacity, the court is compelled by the Civil Procedure Rules to order an inquiry into TA's capacity to conduct proceedings, including a psychiatric assessment, to ensure the interests of justice and the welfare of GA.

Court Disposition

Interlocutory orders made; no final determination of substantive welfare issues.

Orders

  • A psychiatric assessment of TA to determine his capacity to conduct proceedings is ordered, to be instructed by his solicitors and funded by legal aid.
  • TA’s medical notes to be made available to the instructed psychiatrist.