Section 21A applications and section 48 orders (DP v A local authority) (Stephanie David writes for Lexis PSL)

Section 21A applications and section 48 orders (DP v A local authority) (Stephanie David writes for Lexis PSL)


CategoryArticles Author Stephanie David Date

Stephanie David’s Private Client Analysis for Lexis PSL:

In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).

Click here to read the full article.


Related Barristers


Legal updates


Subscribe to our newsletters, updates and seminars.

Subscribe

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email