Introduction
In the recent 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 purposes of an interim order pursuant to s.48(a) Mental Capacity Act 2005 (“MCA 2005”). This article explores that decision and its potential implications.
The key facts
The case concerned LD, a man in his forties with Downs Syndrome, autistic traits, a severe learning disability, and an atrioventricular septal heart defect. Consequently, LD has 24-hour care needs and requires support in almost all activities of daily living and communication.
LD lived with his elderly mother, RD. Before the COVID-19 pandemic, RD had generally engaged with professionals t...
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