Court of Appeal says that people without mental capacity must be involved in legal proceedings concerning their liberty

Before the judgment the Court of Protection had introduced streamlined procedures which effectively prevented people without mental capacity from being represented at hearings concerning their liberty.  This process is now no longer lawful.

People who are unable to make decisions for themselves because they lack mental capacity should always be directly involved in Court hearings about their personal liberty the Court of Appeal said today.  In the case of Re  X the Appeal Judges stress that people unable to make decisions for themselves because they lack mental capacity should always be involved in Court hearings about their liberty.

This ruling relates to people being cared for in hospital, care homes with conditions such as Alzheimer’s, autism or learning disabilities and who cannot consent to restrictions on their liberty.

 

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