Reflecting on the July 2024 Mental Capacity Report
Reflecting on the July 2024 Mental Capacity Report
The 39 Essex Chambers monthly Mental Capacity Reports are essential reading for anyone working in social care and interested in the vital concept of mental capacity. In this blog I focus on just one of the featured cases, but I encourage you to explore the whole Report - there is a link to the website below.
The case I chose to focus on this month is AB v CD [2024] EWCOP 32, which involves the best interests of a 27-year-old man, CD, who has a moderate learning disability and visual and hearing impairments. The central issue is a dispute between CD's mother, AB, and Sheffield City Council regarding his living arrangements.
Key Points:
- Current Situation: CD is currently safe and content in his supported living placement, although more could be done to promote his psychosocial development.
- Risk Approach: The local authority has been risk-averse and slow to implement changes, while AB believes in taking risks to enhance CD's life experiences.
- Mother's Proposal: AB wants CD to move to South West England to live with her, but her plans are underdeveloped, with no clear long-term arrangements for CD's support.
- Conflict Impact: The conflict between AB and the professionals at EF has negatively affected CD. AB has sometimes exacerbated this conflict, contrary to CD's best interests.
- Court Decision: The court agreed with an independent social worker that it is in CD's best interests to remain at EF for another year, postponing the decision about relocation to South-West England.
Health and Welfare Deputy Appointment:
The court decided it was in CD's best interests to appoint a health and welfare deputy, which is unusual compared to the routine appointment of property and affairs deputies. The deputy's powers include:
- Arranging and communicating contact between CD and his family.
- Making health and welfare decisions in consultation with care providers, medical professionals, social care and healthcare bodies, and CD's family.
This case highlights the rare circumstances under which the Court of Protection considers appointing a health and welfare deputy necessary.
To access the whole Report, please click on the link below:
https://www.39essex.com/information-hub/insight/mental-capacity-report-july-2024