Application in relation to AB who is a young woman of 34 years old and who has a serious and life threatening cardiac condition, the recommended treatment for which is surgery. In addition to her physical problems, AB was an inpatient at a low secure private hospital under section 3 Mental Health Act 1983 (MHA). She has a mild/borderline learning disability which has been the case since her childhood years; a working diagnosis of autism which affects her anxiety levels, impulse control and mood regulation; a schizophrenic illness with prominent persecutory thinking. It is argued that the combination of the above factors in relation to her functioning leads to the conclusion that she lacks the capacity to litigate and to make a decision about her medical treatment.
Judges:
Isabel Parry HHJ
Citations:
[2015] EWCOP 31
Links:
Jurisdiction:
England and Wales
Health
Updated: 17 June 2022; Ref: scu.546276
