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

Articles Stephanie David 15th October 2020

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).

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Stephanie David