Re MB [2017] EWCOP 35

​Application to challenge a standard DoLs authorisation. The court ruled that a second expert should be instructed before a decision could be made as to the Patient's capacity to decide where he would live.

The Patient had lived in a care home for several years and was subject to a standard DoLs authorisation. He wanted to live independently but the court had ruled that he lacked capacity to make decisions about his residence and care. An expert concluded that with support he would have capacity to make decisions about his residence or, in the alternative, he could be assisted to gain capacity in the area of understanding through support and work from an occupational therapist and from his RPR. 

The court ordered that a second expert report should be obtained before any decision could be made.

​Read the full text of the judgment on Bailii