On an application for a public hearing in a mental health case:
The capacity to conduct proceedings is to be assessed as a whole, provided the patient’s capacity is not fluctuating.
Guidance on the salient factors that the patient should understand in order to have capacity to apply for a public hearing.
There is power to hold a public hearing, even if the patient lacks capacity to have an informed view. AH v West London Mental Health Trust [2011] AACR 15 explained.
Citations:
[2020] UKUT 273 (AAC)
Links:
Jurisdiction:
England and Wales
Health, Litigation Practice
Updated: 12 May 2022; Ref: scu.656579