SB (capacity assessment)

SB (capacity assessment)

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

Parties
Applicant: A Local Authority; Respondent: AB; Respondent: SB
Jurisdiction
England and Wales
Judgment Date
29 July 2020
Procedural Posture
Court of Protection / Application to Discharge Direction for Further Capacity Assessment
Outcome
Application granted; direction for further assessment discharged.
Legal Topics
Capacity Assessment, Best Interests, Contact Decisions
Mental Capacity Family Law Capacity Assessment Best Interests Contact Decisions

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

AB

Respondent

SB

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a further independent psychiatric assessment of SB's capacity regarding contact is necessary
  2. 2 Whether requiring such assessment would be detrimental to SB

Ratio Decidendi

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

Court Disposition

Application granted; direction for further assessment discharged.

Orders

  • Direction for further independent psychiatric assessment of SB's capacity regarding contact is discharged.
  • Proceedings concluded without further assessment.