SB (capacity assessment) [2020] EWCOP 43

Application by the OS discharging a previous order for the instruction of a third independent expert psychiatrist, to assess the P’s capacity to make decisions about contact with other people. The court made the order sought.

During a previous judgment the parties in the case had requested that there be a further assessment of the P’s capacity in relation to contact, all parties considering it to be necessary. The basis of the current application was the belief of the Official Solicitor that the P does not wish to take part in a further assessment and would find it distressing and intrusive. The LA supported the OS submitting that there is no need for an assessment and that it would be detrimental to the P to require her to engage in the process.

The court concluded there was no need for the further assessment because: 1) no party wished the court to make any decisions about best interests in relation to the P’s contact with others; 2) there was no evidence that the P was currently at risk from third parties or is engaged in activity which will draw them to her; and 3) there was a real risk to the P’s emotional well-being if such an assessment was allowed to proceed.

Read the full text of the judgment on Bailii