MCA professional guidance

Mental Capacity Act professional guidance 3/3

Additional information and appendices for guidance 2/3

This includes information that practitioners may find useful for future reading, including case law, articles and further guidance;

(1)     See LBX v K L M [2013] EWHC 3230 (fam)( http://www.39essex.com/cop_cases/lbx-v-k-l-m/)

 for guidance on what would be considered relevant/irrelevant information in decisions concerning residence and care issues

(2)    See case of London Borough of Wandworth v M and others (para 49 of Judgment). (https://www.familylaw.co.uk/news_and_comment/london-borough-of-wandsworth-v-m-and-others-2017-ewhc-2435-fam#.WyKAFU2osdU-

(3)    See case of CC v KK & STCC  (http://www.39essex.com/cop_cases/cc-v-kk-and-stcc/)

This case reports on the issues around assessing mental capacity on residence and care issues and what the court has identified as bad practice in this area.

(4)    PC and NC v City of York Council [2013] EWCA Civ (para 54 of Judgment) (http://www.39essex.com/cop_cases/pc-and-nc-v-city-of-york-council/)

(5)    http://www.39essex.com/docs/newsletters/capacityassessmentsguide31mar14.pdf

see para 35 and 36 of guidance document, also reference PC and NC v City as above.