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Capacity in the context of Prader-Willi syndrome

Date:30 JUL 2018
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Private Client analysis: Ella Anderson barrister at Spire Barristers discusses the practical implications of the judgment in Re FX [2017] EWCOP 36 – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome a rare genetic disorder which causes a range of physical learning and behavioural difficulties.

What are the practical implications of this case?

This was an interesting case which provides an important reminder of the necessity of faithfully applying the tests and principles contained within the Mental Capacity Act 2005 (MCA 2005) and developed through case law.

The tests and principles include:
  • a person must be assumed to have capacity unless it is established that he or she lacks capacity (MCA 2005 s 1(2))
  • the person must understand the salient information—it is not necessary for them to comprehend all peripheral detail (LBL v RYJ [2010] EWHC 2665 (COP) [2011] All ER (D) 290 (Feb) and CC v KK and STCC [2012] EWCOP 2136 [2012] All ER (D) 53 (Oct))
  • the bar (ie the test of capacity) including in relation to issues such as residence ...

Read the full article here.