| Display title | Oldham Metropolitan Borough Council v KZ [2024] EWCOP 72 (T3) |
| Default sort key | Oldham Metropolitan Borough Council v KZ (2024) EWCOP 72 (T3) |
| Page length (in bytes) | 1,461 |
| Page ID | 16055 |
| Page content language | en - English |
| Page content model | wikitext |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 20:52, 7 December 2024 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 20:52, 7 December 2024 |
| Total number of edits | 1 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | (1) The court decided that it had power to make anticipatory declarations under MCA 2005 s16 (which in this case would render deprivation of liberty under s4A(4) lawful as being a decision of the court under s16(2)(a)). (2) The original psychiatric evidence was that KZ lacked capacity in all areas. A subsequent assessment by a psychologist with expertise in assessing deaf people found that, while he lacked capacity in relation to sex, finances, tenancy, social media and internet, and litigation, he did have capacity in relation to residence, care and support, and contact with his family (although that capacity fluctuated daily); and that he had extreme language deprivation rather than borderline learning disability. (3) The new evidence was accepted, and anticipatory declarations were made. (4) The judge provided guidance for assessment of a deaf individual fluent in BSL: it should be undertaken by an assessor who is suitably qualified to communicate at the relevant level of BSL and ideally with a background in understanding deafness and engaging with the deaf community; otherwise, explanations would be required. |