Royal Borough of Greenwich v CDM

Royal Borough of Greenwich v CDM

CDM lacks capacity to conduct proceedings, to decide her residence, and to surrender her tenancy due to her inability to weigh or use information as a result of her personality disorder. She has fluctuating capacity regarding her care and treatment, particularly management of her diabetes. There is insufficient evidence to find lack of capacity regarding her property and affairs. Her continued deprivation of liberty at CC care home is authorised.

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 granted in line with findings; further hearing required for best interests and management of fluctuating capacity.
Legal Topics
Capacity to Make Decisions, Deprivation of Liberty, Best Interests, Fluctuating Capacity, Residence and Care Decisions
Mental Capacity Law Health 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 lack capacity to conduct proceedings?
  2. 2 Does CDM lack capacity to decide her residence?
  3. 3 Does CDM lack 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 information as a result of her personality disorder. She has fluctuating capacity regarding her care and treatment, particularly management of her diabetes. There is insufficient evidence to find lack of capacity regarding her property and affairs. Her continued deprivation of liberty at CC care home is authorised.

Court Disposition

Declarations granted in line with findings; further hearing required for best interests and management of fluctuating capacity.

Orders

  • Declaration that CDM lacks capacity to conduct proceedings, to decide her residence, and to surrender her tenancy.
  • Declaration that CDM has fluctuating capacity regarding care and treatment.