Should a 25% likelihood of incapacity suffice to make interim orders under s 48(a) MCA 2005?

Olivia Bennett, Barrister, 7BR

In the case of A Local Authority v LD and RD [2023] EWHC 1258 (Fam), Mr Justice Mostyn held that 25% is the requisite degree of likelihood to satisfy a court 'there is reason to believe that P lacks capacity' for the purpose of an interim order pursuant to s 48(a) Mental Capacity Act 2005. This article, co-authored by Rose Harvey-Sullivan and Olivia Bennett, analyses this significant departure from the Court of Protection’s historical approach to interim orders and explores how the potential implications of the decision may manifest themselves in practice.

The full article has published in the February issue of Family Law. 

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