Sunderland City Council v AS (2020) EWCOP 13

Capacity - DOL (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).

Essex

This case has been summarised on page 16 of 39 Essex Chambers, 'Mental Capacity Report' (issue 103, April 2020).

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Deprivation of liberty🔍
• Litigation capacity cases🔍
• Other capacity cases🔍

Date: 20/3/20🔍

Court: Court of Protection🔍

Judge(s):

• Cobb🔍

Parties:

• Sunderland City Council🔍
• AS🔍
• Cumbria Northumberland Tyne and Wear NHS Trust🔍
• TWS🔍

Citation number(s):

• [2020] EWCOP 13^B

What links here:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 103, April 2020)
• Interface between MHA and MCA

Published: 7/7/20 16:47

Cached: 2025-06-14 16:58:41