Royal Borough of Greenwich v CDM [2018] EWCOP 15 (29 June 2018)

Royal Borough of Greenwich v CDM [2018] EWCOP 15 (29 June 2018)

CDM lacks capacity to conduct proceedings, to decide her residence, and to surrender her tenancy due to her inability to weigh or use relevant information as a direct consequence of her personality disorder. She has fluctuating capacity regarding her care and treatment, particularly diabetes management, and sufficient capacity regarding her property and affairs. Continued deprivation of liberty in the care home is authorised.

Citation
[2018] EWCOP 15
Parties
Claimant: Royal Borough of Greenwich; Defendant: CDM
Jurisdiction
England and Wales
Judgment Date
29 June 2018
Procedural Posture
Court of Protection / Judgment After Contested Hearing
Outcome
Declarations made as to capacity; continued deprivation of liberty authorised; further hearing required for best interests and framework for fluctuating capacity.
Legal Topics
Capacity to Make Decisions, Deprivation of Liberty, Best Interests, Fluctuating Capacity, Residence and Care Decisions
Mental Capacity Law Health and Social Care Law Capacity to Make Decisions Deprivation of Liberty Best Interests Fluctuating Capacity Residence and Care Decisions

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Parties

Royal Borough of Greenwich

Claimant

CDM

Defendant

Procedural Posture

Court of Protection / Judgment After Contested Hearing

Legal Issues

  1. 1 Does CDM have capacity to conduct proceedings?
  2. 2 Does CDM have capacity to decide her residence?
  3. 3 Does CDM have capacity to make decisions about her care and treatment?

Ratio Decidendi

CDM lacks capacity to conduct proceedings, to decide her residence, and to surrender her tenancy due to her inability to weigh or use relevant information as a direct consequence of her personality disorder. She has fluctuating capacity regarding her care and treatment, particularly diabetes management, and sufficient capacity regarding her property and affairs. Continued deprivation of liberty in the care home is authorised.

Court Disposition

Declarations made as to capacity; continued deprivation of liberty authorised; further hearing required for best interests and framework for fluctuating capacity.

Orders

  • Declaration that CDM lacks capacity to conduct proceedings.
  • Declaration that CDM lacks capacity to decide her residence.