Lancashire and South Cumbria NHS Foundation Trust v AH [2022] EWCOP 45

Residence AH lacked capacity to make decisions about residence, care, sharing information concerning her physical and mental health and care, and conducting these proceedings. The judge noted that a DOLS mental capacity assessment had concluded that AH did not lack capacity, so AH had been detained under his order rather than DOLS (which attracts non-means-tested Legal Aid); he recommended that the court report author should carry out a DOLS assessment or, alternatively, the assessor should have access to the court report and any judgment about capacity.

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Other capacity cases🔍

Date: 12/10/22🔍

Court: Court of Protection🔍

Judicial history:

• Lancashire and South Cumbria NHS Foundation Trust v AH [2023] EWCOP 1 (best interests)
• Lancashire and South Cumbria NHS Foundation Trust v AH [2022] EWCOP 45 (capacity)

Judge(s):

• Simon Burrows🔍

Parties:

• Lancashire and South Cumbria NHS Foundation Trust🔍
• Lancashire County Council🔍
• AH🔍

Citation number(s):

• [2022] EWCOP 45^B

What links here:

• Lancashire and South Cumbria NHS Foundation Trust v AH [2023] EWCOP 1

Published: 31/10/22 12:45

Cached: 2024-11-24 02:19:58