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.
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