Leicestershire County Council v P & Anor (Capacity: Anticipatory declaration)

Leicestershire County Council v P & Anor (Capacity: Anticipatory declaration)

P has capacity to make decisions about her care and contact with others most of the time, but may lack capacity during periods of dissociation. However, the evidence does not support making an anticipatory declaration under s15 MCA because it would be unworkable in practice, given the difficulty in reliably identifying when P has lost capacity. The statutory framework under s5 and s6 MCA provides sufficient protection for P and authorises carers to act in her best interests during infrequent periods of incapacity. The court declines to make an anticipatory declaration and directs that care planning proceed on the basis that P has capacity, with crisis plans to be implemented as needed...

Parties
Applicant: Leicestershire County Council; 1st Respondent: P; 2nd Respondent: NHS Leicester, Leicestershire and Rutland ICB
Jurisdiction
England and Wales
Judgment Date
23 October 2024
Procedural Posture
Court of Protection Proceedings / Final Judgment on Capacity and Anticipatory Declarations
Outcome
Application for anticipatory declaration refused; no declarations as to capacity made; directions for care planning under existing statutory framework.
Legal Topics
Capacity Assessment, Anticipatory Declarations, Best Interests, Dissociative Disorders, Care Planning
Mental Capacity Law Health Law Social Care Law Capacity Assessment Anticipatory Declarations Best Interests Dissociative Disorders Care Planning

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Parties

Leicestershire County Council

Applicant

P

1st Respondent

NHS Leicester, Leicestershire and Rutland ICB

2nd Respondent

Procedural Posture

Court of Protection Proceedings / Final Judgment on Capacity and Anticipatory Declarations

Legal Issues

  1. 1 Does P have capacity to make decisions about her care and contact with others, particularly when dissociating?
  2. 2 Should the court make anticipatory declarations under s15 MCA for periods when P may lack capacity?
  3. 3 Are existing statutory frameworks under s5 and s6 MCA sufficient to protect P and authorise carers' actions?

Ratio Decidendi

P has capacity to make decisions about her care and contact with others most of the time, but may lack capacity during periods of dissociation. However, the evidence does not support making an anticipatory declaration under s15 MCA because it would be unworkable in practice, given the difficulty in reliably identifying when P has lost capacity. The statutory framework under s5 and s6 MCA provides sufficient protection for P and authorises carers to act in her best interests during infrequent periods of incapacity. The court declines to make an anticipatory declaration and directs that care planning proceed on the basis that P has capacity, with crisis plans to be implemented as needed...

Court Disposition

Application for anticipatory declaration refused; no declarations as to capacity made; directions for care planning under existing statutory framework.

Orders

  • No anticipatory declaration under s15 MCA is made.
  • Care planning to proceed on the basis that P has capacity, with crisis plan to be developed and implemented as needed under s5 and s6 MCA.