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Court of Protection – Mental defective. The claimant, who had been involved in alcoholism, homelessness and criminal acts, suffered a severe head injury. He lived in a care home, where he was receiving treatment. The defendant local authority granted the home a standard authorisation preventing the claimant from leaving unsupervised. The defendant wished to live, with assistance, in the community. He applied to terminate the standard authorisation. The Court of Protection held that the claimant lacked capacity to decide issues of accommodation and care. The Court of Appeal, Civil Division, held that the mental capacity requirement set out in para 15 of Sch A1 to the Mental Capacity Act 2005 was satisfied, as the claimant lacked capacity to weigh up information when making decisions, and that detention in the care home was in RB's best interests.
Court of Protection – Mental defective. The claimant, who had been involved in alcoholism, homelessness and criminal acts, suffered a severe head injury. He lived in a care home, where he was receiving treatment. The defendant local authority granted the home a standard authorisation preventing the claimant from leaving unsupervised. The defendant wished to live, with assistance, in the community. He applied to terminate the standard authorisation. The Court of Protection held that the claimant lacked capacity to decide issues of accommodation and care. The Court of Appeal, Civil Division, held that the mental capacity requirement set out in para 15 of Sch A1 to the Mental Capacity Act 2005 was satisfied, as the claimant lacked capacity to weigh up information when making decisions, and that detention in the care home was in RB's best interests.
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