20/07/2023
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Assessments of capacity under the Mental Capacity Act 2005 have been being undertaken for nearly 15 years now, with many health and social care professionals nationwide completing them on a daily basis. But what have we learnt from experience and case law to ensure that capacity assessments are comprehensive and sufficient?
In this session, Consultant Psychiatrist Dr Larteque Lawson and Katie Scott from 39 Essex Chambers considered:
- A reminder of the fundamental principles when assessing capacity;
- Guidance from the Court of Protection on capacity assessment reports;
- Top tips for capacity assessment reports from a legal perspective and from an independent expert capacity assessor;
- Where do capacity assessments go wrong?
- Tricky issues when assessing capacity:
- Where the facts are disputed;
- Fluctuating capacity vs. lacking capacity; and
- Is P unduly influenced?
Dr Larteque Lawson has acted as an independent expert in a number of matters in the Court of Protection.
Katie Scott specialises in welfare, treatment and human rights matters and is also an accredited mediator.
