PH v A Local Authority

PH v A Local Authority

PH lacks capacity to make decisions concerning his residence and care because he is unable to understand, retain, or weigh up the relevant information due to cognitive impairment from Huntington's Disease. The evidence from treating clinicians and the social worker is preferred over the single assessment by Dr Rickards. PH's lack of insight into his care needs, inability to appreciate the realities of home care, and failure to weigh up the pros and cons mean he does not meet the functional test for capacity under section 3(1) of the Mental Capacity Act 2005.

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
Mental Capacity Act Application (section 21 A) / Judgment After Contested Hearing on Capacity as Preliminary Issue
Outcome
Declarations of lack of capacity made (interim for residence and care, final for Y Court accommodation)
Legal Topics
Capacity to Decide Residence and Care, Deprivation of Liberty Safeguards (dols), Section 21 a Mental Capacity Act 2005, Section 15 Declarations, Article 5 ECHR Compliance
Mental Capacity Law Health Law Human Rights Capacity to Decide Residence and Care Deprivation of Liberty Safeguards (dols) Section 21 a Mental Capacity Act 2005 Section 15 Declarations Article 5 ECHR Compliance

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Parties

PH

Applicant

A Local Authority

First Respondent

Z Limited

Second Respondent

R

Third Respondent

Procedural Posture

Mental Capacity Act Application (section 21 A) / Judgment After Contested Hearing on Capacity as Preliminary Issue

Legal Issues

  1. 1 Does PH lack capacity to decide his residence and care?
  2. 2 Has the local authority proved on the balance of probabilities that PH lacks capacity under the Mental Capacity Act 2005?
  3. 3 Should the court make a declaration under section 15 as to PH's capacity?

Ratio Decidendi

PH lacks capacity to make decisions concerning his residence and care because he is unable to understand, retain, or weigh up the relevant information due to cognitive impairment from Huntington's Disease. The evidence from treating clinicians and the social worker is preferred over the single assessment by Dr Rickards. PH's lack of insight into his care needs, inability to appreciate the realities of home care, and failure to weigh up the pros and cons mean he does not meet the functional test for capacity under section 3(1) of the Mental Capacity Act 2005.

Court Disposition

Declarations of lack of capacity made (interim for residence and care, final for Y Court accommodation)

Orders

  • PH lacks capacity in relation to the question of whether he should be accommodated at Y Court for care and treatment.
  • PH lacks capacity to make a decision as to his residence and care (interim declaration for six months).