Fact finding hearing to determine whether the Local Authority's allegations against the person purportedly looking after her were made out. The court made most of the findings the Local Authority sought.
Until 2011, the Patient TP, who was born with cerebral palsy, was accepting of appropriate services and there was no reluctance to accept such services. She became friendly with FW and as FW's influence became more pronounced, the services were cancelled. The Local Authority became involved and asked the court to make findings in accordance with the schedule of findings which it had provided. They set out 4 allegations as follows:
This case demonstrates the difficulties with balancing P’s wishes and feelings when they have been strongly expressed. The court referred to the decision of Peter Jackson J, in Wye Valley NHS Trust v B  EWCOP 60, that although P’s wishes and feelings may be a significant factor they may not be determinative of the case. A finding of lack of capacity to make decisions does not switch off the P’s rights and freedoms. This case also illustrates the difficulty in balancing the need to protect the P from harm against the harm caused by the protection. The proposal in this case was not the least restrictive placement for P but the protection from harm outweighed the harm caused by the protection.
There were three judgments in this case and the court in the number two judgment deals with the law and process of establishing whether someone lacks capacity to make decisions, by reviewing and setting out recent case law on this issue.
Read the full text of the judgment on Bailii
Stay up to date with changes to policy and procedure.
Sign up for our free email alert
We do not share your details with any third parties and you can unsubscribe at any time.
More from Bath Publishing