In minutes from the last Court of Protection User Group, a question about the use of remote mental capacity assessments in the Court of Protection was raised. The exchange is reproduced below. The full meeting minutes may be downloaded here:
Question: Capacity assessment – is there a requirement for them to be conducted face to face? VC expanded on her question and asked if there had been a change of stance of the Court and whether there are clear indicators of cases that are not accepted.
Her Honour Judge Hilder (Senior Judge of the Court of Protection) clarified that the purpose of the assessment is to satisfy the decision maker that the threshold of jurisdiction has been reached. The Court will want to know that P has been given the best opportunity for assessment. Remote assessments were permitted during the pandemic but should not be regarded as a standard expectation. If an assessment is conducted remotely, the report should include a clear explanation as to why and set out the support provided to P. If you do not agree with a direction for further assessment, a rule 13.4 application may be made.
See below for our next Court of Protection events in 2025 and email admin@edgetraining.org.uk to commission one of our Court of Protection programmes for your organisation:
Event: Understanding the Court of Protection 29 January 2025
Event: Understanding the Court of Protection 25 March 2025
Click HERE to book tickets.
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