Q&As

In private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as to how the court would determine the issue of whether to appoint a litigation friend if that party refuses to comply with expert assessment?

read titleRead full title
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 30/01/2018

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as to how the court would determine the issue of whether to appoint a litigation friend if that party refuses to comply with expert assessment?

A person must be assumed to have capacity unless it is established that they lack capacity (section 1 of the Mental Capacity Act 2005 (MCA 2005)). A person lacks capacity in relation to a matter if at the material time they are unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of the mind or brain.

Where there is significant doubt as to whether a party to proceedings lacks capacity the proceedings should not continue until that doubt has been resolved by the court. The court itself may raise the issue of capacity, as well as an

Related documents:

Popular documents