Rapid Response Guidance Note: Covid-19, Social Distancing and Mental Capacity

News Victoria Butler-Cole QC, Sian Davies, Alexander Ruck Keene 25th January 2021

The Court of Protection team have been asked to advise on a number of occasions as to the legal position where a person (“P”) lives in the community and declines to practice social distancing in circumstances where P does not (or may not) have capacity to make decisions about social contact in the circumstances of COVID-19. This guidance note provides an overview of the framework within which decisions need to be taken in England relating to social distancing and self-isolation in the context of those with impaired decision-making capacity, including about considerations of deprivation of liberty . This document cannot take the place of legal advice.

Read the full note here: Mental Capacity Guidance Note

Related Barristers

Victoria Butler-Cole QC

Sian Davies

Alexander Ruck Keene