NCC v PB (by her litigation friend the Official Solicitor) and another

Mental health – Court of Protection. The patient had a long-standing diagnosis of psychiatric ill-health, she was married to TB who suffered from schizophrenia. There were many problems in their living arrangements. A best interests assessor conducted an assessment and found that the patient refused to acknowledge any concerns. The assessor found herself 'forced' to conclude that she lacked capacity. The local authority issued proceedings under the Mental Capacity Act 2005 regarding the patient's capacity to litigate. The Court of Protection held that, the patient did not have capacity to decide whether to live with TB, what contact to have with him, and what her care arrangements should be; and, if she was to be accommodated in local authority care and that any deprivation of liberty should be authorised by the court.

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