A Local Authority v GP (Capacity - Care, Support and Education) [2020] EWCOP 56

This hearing was listed to determine whether the P was able to make a capacitous decision to accept or refuse care, support and education.

The P is a 19-year-old man with a diagnosis of autism and learning disability. The local authority was concerned that he needs some targeted support that continues to develop his social skills and prevents his social skills from deteriorating. This hearing was listed to determine whether the P was able to make a capacitous decision to accept or refuse care, support and education.

The court concluded that, in the case of each decision, the P did not understand the relevant information and/or was unable to use or weigh it and propose to make interim declarations that he lacked capacity to:
a.      Refuse an assessment of his care and support needs pursuant to the Care Act 2014
b.      Make decisions as to his care and support
c.      Request an EHC needs assessment under section 36(1) of the Children and Families Act 2014
d.      Make decisions as to his education.

Read the full text of the judgment on Bailii