DA v DJ [2017] EWHC 3904 (Fam)

Interim declarations under s48 MCA 2005 In this case Parker J followed the approach of HHJ Marshall QC in Re F [2009] EWHC B30 (Fam)^M rather than the approach of Hayden J in Wandsworth LBC v A McC [2017] EWHC 2435 (Fam)^B in relation to the correct approach to the threshold test for making an interim order under MCA 2005 s48 (which requires that there is "reason to believe that P lacks capacity in relation to the matter"). There is no need for the purpose and extent of the capacity assessment to be explained to the person concerned, and the evidence does not need to go so far as to rebut the presumption of capacity.

Note

Appeared on BAILII on 17/3/20.

This case has wrongly been given a "Fam" neutral citation and will probably end up with the following citation: [2017] EWHC 3904 (COP)^{Not on Bailii!}.