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.


Full judgment: BAILII


  • Other capacity cases🔍

Date: 12/10/22🔍

Court: Court of Protection🔍

Judicial history:



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

Citation number(s):

What links here:

Published: 31/10/22 12:45

Cached: 2024-07-18 01:12:10