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SPOTLIGHT |
In an appeal concerning whether an alcoholic with frontal lobe damage had capacity to decide where to live or what care he should receive, the Court of Appeal has provided important general guidance on the assessment of capacity in the Court of Protection. Bryan McGuire QC and Sian Davies report.
In RB V Brighton And Hove City Council RB was, prior to his accident in 2007, an alcoholic with a chaotic lifestyle. However, the accident had caused damage to RB’s frontal lobe, which impaired his mental processes and in particular his ability to use or weigh information. He also had major physical disabilities. He was and is confined to a wheelchair most of the time. He wears a leg brace and has lost effective use of his left hand. Nonetheless he wished to live in the community, and to resume drinking despite the attendant dangers to him. He did not co-operate with rehabilitation treatment and absconded from the care home thereby preventing the delivery of care. A standard authorisation was sought and obtained, which he challenged by these proceedings.
Arguments
RB relied in particular of the recent case of IM on capacity to consent to sexual relations, asserting that people do not weigh up decisions to drink any more than they do decisions to engage in sexual relations; that using and weighing is irrelevant in emotional or visceral matters; and he should be released from his supervised care home. Brighton and Hove countered that one does not look at capacity through the prism of other cases. One simply reads and applies the words of the Act. RB cannot use or weigh information, so he lacks capacity to choose where to live or what services he requires.
Findings and guidance
RB’s appeal was dismissed. Jackson LJ, with whom Arden and Fulford LJJ agreed, found:
To read the full judgment, please click: RB v Brighton Hove CC judgment.
Bryan McGuire QC and Sian Davies are barristers at Cornerstone Barristers. They were instructed by Nicole Mouton of Brighton & Hove City Council Legal and Democratic Services.