02/02/2023
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Following this webinar, the Court has published a relevant form:
Certificate as to Capacity to Conduct Civil Proceedings
There are a number of different civil proceedings that a vulnerable adult might be involved with. These include housing possession (eviction) proceedings, divorce proceedings, children proceedings, immigration proceedings, civil injunctions for matters such as harassment or anti-social behaviour. Often, health, social care, education and housing providers might be involved with a vulnerable adult and become aware of that person’s involvement with civil proceedings.
In this session, Daniel Clarke from Doughty Street Chambers considered how health, social care, education and housing organisations can support a vulnerable adult involved in civil matters where there are concerns about their capacity to engage in those proceedings.
In particular, Daniel considered:
- What matters/issues do organisations need to consider?
- What the legal thresholds are for litigation capacity in the different contexts?
- What evidence would be required regarding litigation capacity and who might provide it?
- Is a Litigation Friend required? If yes, who might act as Litigation Friend?
- Are there any other practical steps that the organisation could consider to support the vulnerable adult?
- Update on the Civil Justice Working Group considering Mental Capacity Issues
