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Information for "Sunderland City Council v AS (2020) EWCOP 13"

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Display titleSunderland City Council v AS [2020] EWCOP 13
Default sort keySunderland City Council v AS (2020) EWCOP 13
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Page ID10840
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Page imageEssex newsletter 103.pdf

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Page creatorJonathan (talk | contribs)
Date of page creation16:47, 7 July 2020
Latest editorJonathan (talk | contribs)
Date of latest edit11:54, 8 October 2021
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(1) The court decided that a CTO patient lacked capacity in all relevant areas (litigation, residence, care and contact). When giving oral evidence the jointly-instructed psychologist changed her mind on: litigation capacity (initially she thought AS had litigation capacity while not having subject matter capacity), residence (she placed insufficient weight on 'structure and routine', which is an integral part of the information relevant to a decision on residence in supported as opposed to independent living), and fluctuating capacity. The judge noted with approval the approach in NICE guidance on "Decision-making and mental capacity" to people with executive dysfunction. (2) The court authorised the deprivation of liberty (there was a high level of supervision throughout the day and night, in the accommodation and community).
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