QJ v A Local Authority

QJ v A Local Authority

Given the inconsistency in QJ's expressed wishes and conduct, and the challenges regarding his capacity to decide on residence and care, there are reasonable grounds to conclude that he may not have capacity in relation to nutrition and hydration. Therefore, further psychiatric and GP evidence is required before a...

Source-derived case information.

Parties
Applicant: QJ; Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
21 January 2020
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Interim Hearing on Capacity and Best Interests Pending Further Reports
Outcome
Adjourned for further evidence and assessment of capacity.
Legal Topics
Deprivation of Liberty, Medical Treatment Decisions, Capacity Assessment, Best Interests Determination
Mental Capacity Law Health Law Deprivation of Liberty Medical Treatment Decisions Capacity Assessment Best Interests Determination

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Parties

QJ

Applicant

A Local Authority

Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Interim Hearing on Capacity and Best Interests Pending Further Reports

Legal Issues

  1. 1 Does QJ have capacity to decide on nutrition and hydration (orally and artificially)?
  2. 2 Does QJ have capacity to decide on medical treatment generally?
  3. 3 Does QJ have capacity to decide on admission to hospital?

Ratio Decidendi

Given the inconsistency in QJ's expressed wishes and conduct, and the challenges regarding his capacity to decide on residence and care, there are reasonable grounds to conclude that he may not have capacity in relation to nutrition and hydration. Therefore, further psychiatric and GP evidence is required before a final determination can be made. The matter is adjourned for further assessment.

Court Disposition

Adjourned for further evidence and assessment of capacity.

Orders

  • A suitably qualified psychiatrist to report on QJ's capacity regarding nutrition, hydration, medical treatment, and hospital admission.
  • A statement to be obtained from QJ's GP regarding his understanding of QJ's capacity and the evolution of QJ's thought processes.