Sunderland City Council v FP [2020] EWCOP 75

Capacity and fact finding (1) The judge decided to assess capacity before moving on to fact finding: "I feel uncomfortable in assessing credibility and making findings and possibly making significant criticism without determining whether or not FP lacks capacity. If the evidence provides that FP has capacity across the board, the role of the Court of the Protection is rendered nugatory. If the Court is satisfied, on the evidence, that FP lacks capacity, in whatever regard, it is then the responsibility of the Court to investigate and reach conclusions about the best interests of FP in respect of matters on which she is found not to have capacity to decide. Therefore, I will consider the issue of capacity before proceeding, if justified, to make findings in this matter." (2) FP lacked capacity in relation to her care and support needs, residence and contact. (3) The LPA, under which FP's mother was the donee, was revoked. (4) Decisions about contact were for the Responsible Clinician (FP was detained under s3) but the court declared in the interim that FP should not live with her mother.

Note

Published on BAILII on 23/3/23.

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Full judgment: BAILII

Subject(s):

  • Other capacity cases🔍

Date: 21/10/20🔍

Court: Court of Protection🔍

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Published: 24/3/23 20:56

Cached: 2024-07-13 16:38:47