A Local Authority v (1) GA (by her litigation friend, the Official Solicitor) (2) TA (3) XA (4) SR

A Local Authority v (1) GA (by her litigation friend, the Official Solicitor) (2) TA (3) XA (4) SR

Given the concerns raised by TA's legal representatives and the independent social worker regarding TA's mental health and capacity, the court is bound to direct an inquiry into TA's capacity to conduct proceedings before any further steps are taken, in accordance with the Civil Procedure Rules.

Parties
Applicant: A Local Authority; First Respondent: GA; Second Respondent: TA; Third Respondent: XA; Fourth Respondent: SR
Jurisdiction
England and Wales
Judgment Date
05 July 2021
Procedural Posture
Mental Capacity / Interlocutory Judgment on Capacity and Directions
Outcome
Directions issued; psychiatric assessment ordered; no final determination on capacity or contact.
Legal Topics
Mental Capacity Assessment, Litigation Friend Appointment, Welfare of Vulnerable Adults, Contact Arrangements
Mental Health Law Family Law Mental Capacity Assessment Litigation Friend Appointment Welfare of Vulnerable Adults Contact Arrangements

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Parties

A Local Authority

Applicant

GA

First Respondent

TA

Second Respondent

XA

Third Respondent

SR

Fourth Respondent

Procedural Posture

Mental Capacity / Interlocutory Judgment on Capacity and Directions

Legal Issues

  1. 1 Whether TA has capacity to conduct proceedings
  2. 2 Appropriate steps regarding GA's welfare and contact
  3. 3 Whether to order GA's attendance at family events

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 bound to direct an inquiry into TA's capacity to conduct proceedings before any further steps are taken, in accordance with the Civil Procedure Rules.

Court Disposition

Directions issued; psychiatric assessment ordered; no final determination on capacity or contact.

Orders

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