PH v A Local Authority [2011] EWCOP 1704 (30 June 2011)

PH v A Local Authority [2011] EWCOP 1704 (30 June 2011)

PH lacks capacity to make decisions concerning his residence and care because he is unable to understand, retain, or weigh up the salient information relevant to those decisions due to cognitive impairment from Huntington's Disease, as established by the combined and consistent professional evidence of treating clinicians and the social worker, outweighing the contrary view of the independent expert and R.

Citation
[2011] EWCOP 1704
Parties
Applicant: PH; First Respondent: A Local Authority; Second Respondent: Z Limited; Third Respondent: R
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Section 21 a Application Under the Mental Capacity Act 2005 / Judgment on Preliminary Issue of Capacity
Outcome
Declarations made that PH lacks capacity to decide his residence and care; interim declaration for six months; review to be scheduled in Autumn 2011.
Legal Topics
Capacity Assessment, Deprivation of Liberty Safeguards (dols), Section 21 a Application, Section 15 Declaration, Best Interests, Article 5 ECHR
Mental Capacity Law Health and Social Care Law Human Rights Law Capacity Assessment Deprivation of Liberty Safeguards (dols) Section 21 a Application Section 15 Declaration Best Interests +1 more

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Parties

PH

Applicant

A Local Authority

First Respondent

Z Limited

Second Respondent

R

Third Respondent

Procedural Posture

Section 21 a Application Under the Mental Capacity Act 2005 / Judgment on Preliminary Issue of Capacity

Legal Issues

  1. 1 Whether PH has capacity to make decisions about his residence, care and treatment
  2. 2 Whether the local authority has proved on the balance of probabilities that PH lacks capacity in relation to accommodation at Y Court

Ratio Decidendi

PH lacks capacity to make decisions concerning his residence and care because he is unable to understand, retain, or weigh up the salient information relevant to those decisions due to cognitive impairment from Huntington's Disease, as established by the combined and consistent professional evidence of treating clinicians and the social worker, outweighing the contrary view of the independent expert and R.

Court Disposition

Declarations made that PH lacks capacity to decide his residence and care; interim declaration for six months; review to be scheduled in Autumn 2011.

Orders

  • Declaration that PH lacks capacity in relation to whether he should be accommodated at Y Court for care and treatment.
  • Declaration that PH lacks capacity to make decisions as to his residence and care, to remain in force for six months.