The Mental Capacity Act sets out the relevant test. This has been considered by the Supreme Court in a recent case, where the court determined the questions to be answered as follows, and in this specific order:
Case law has outlined what the relevant information is for each decision-making area. It is crucial that the assessor provides this information to the person when carrying out the assessment.
Once the above assessment has been completed, the assessor will then need to ask themselves if there is a link between the person’s inability to make the decision for themselves and an impairment of, or a disturbance in the functioning of, the person’s mind or brain. A number of conditions can be classed as an impairment or disturbance in the functioning of someone’s mind, including dementia and mental health conditions such as schizophrenia.
Our team of specialist lawyers have extensive experience in challenging deprivations of liberty that are either authorised or unauthorised and in appealing decisions in the Court of Protection. We recognise that this can be a stressful and difficult time and we strive to make the process as straightforward as possible and to work alongside you to achieve the best possible outcome for the person concerned.
If you believe a deprivation of liberty challenge might be needed, or are unsure about how the safeguards work, it is important to seek specialist advice as soon as possible. Contact our Court of Protection team on freephone 0800 0931336 by email email@example.com, or via the contact button below for a no obligation chat and to see how we can help.