The Court of Protection has handed down judgment in A Local Authority v GP (Capacity – Care, Support and Education)  EWCOP 56 (29 September 2020). The judgment considers, in detail, the approach to be taken as to assessing capacity to:
(i) Request an assessment for an education and healthcare plan;
(ii) Make decisions as to education
The judgment also considers the approach to be taken as to whether someone has capacity to refuse an assessment of their care needs pursuant to s.11 Care Act 2014.
Ian Brownhill appeared for GP, by his litigation friend the Official Solicitor, instructed by Aimee Last of Simpson Millar.
The judgment can be found on bailii here.