DA v DJ

DA v DJ

The court found that there is reason to believe DJ lacks capacity based on credible, consistent evidence from witnesses and supporting material, satisfying the s.48 threshold. It is in DJ's best interests to make an interim order for psychiatric assessment without delay, adopting Judge Marshall's approach that a lower threshold applies for interim orders.

Parties
Applicant: DA; Respondent: DJ
Jurisdiction
England and Wales
Judgment Date
29 November 2017
Procedural Posture
Court of Protection Application / Interim Declaration and Order
Outcome
Interim declaration and order granted
Legal Topics
Interim Orders, Capacity Assessment, Best Interests, Emergency Jurisdiction
Mental Capacity Family Law Interim Orders Capacity Assessment Best Interests Emergency Jurisdiction

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Parties

DA

Applicant

DJ

Respondent

Procedural Posture

Court of Protection Application / Interim Declaration and Order

Legal Issues

  1. 1 Whether the court has gateway jurisdiction under s.48 Mental Capacity Act 2005 to make interim orders regarding DJ's capacity
  2. 2 Whether there is reason to believe DJ lacks capacity to manage her affairs
  3. 3 Whether it is in DJ's best interests to make an interim order for psychiatric assessment

Ratio Decidendi

The court found that there is reason to believe DJ lacks capacity based on credible, consistent evidence from witnesses and supporting material, satisfying the s.48 threshold. It is in DJ's best interests to make an interim order for psychiatric assessment without delay, adopting Judge Marshall's approach that a lower threshold applies for interim orders.

Court Disposition

Interim declaration and order granted

Orders

  • Official Solicitor to instruct independent psychiatrist and private GP to assess DJ's capacity and health
  • Directions for disclosure from borough and medical attendants