SB (capacity assessment) [2020] EWCOP 43 (29 July 2020)

There is no need for a further assessment of SB's capacity regarding contact because no party seeks a best interests decision on contact, there is no evidence of current risk, and the assessment would likely cause SB distress outweighing any potential benefit.

Citation: [2020] EWCOP 43
Parties: Applicant: A Local Authority; Respondent: AB; Respondent: SB (by the Official Solicitor)
Jurisdiction: England and Wales
Judgment Date: 29 July 2020
Procedural Posture: Court of Protection Application / Application to Discharge Direction for Further Capacity Assessment
Outcome: Application granted; direction for further assessment discharged.
Legal Topics: Capacity Assessment, Best Interests, Contact With Others, Court of Protection Procedure

Mental Capacity Law Family Law Capacity Assessment Best Interests Contact With Others Court of Protection Procedure

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Parties

A Local Authority

Applicant

Respondent

SB (by the Official Solicitor)

Respondent

Procedural Posture

Court of Protection Application / Application to Discharge Direction for Further Capacity Assessment

Legal Issues

1 Whether a further independent psychiatric assessment of SB's capacity to make decisions about contact is necessary
2 Whether the direction for such assessment should be discharged

Ratio Decidendi

Court Disposition

Application granted; direction for further assessment discharged.

Orders

Direction for independent psychiatric assessment of SB's capacity to make decisions about contact is discharged.
No further assessment to be undertaken unless specific concerns arise in the future.