25th January 2022

Online Seminar via Zoom

Online Seminar via Zoom

Assessing capacity: Procedural issues and difficult cases

Tuesday 25 January 2022 | 6pm

Chair: Daniel Clarke

Speakers: Sophy Miles, Marie Paris

Housing lawyers frequently encounter clients they suspect may lack mental capacity to conduct the relevant proceedings. Sometimes resolving these issues will be straightforward. Often it will not. Various procedural and ethical issues may arise in relation to the determination of the issue, particularly where the client does not accept that there is any issue as to their capacity and/or does not cooperate with attempts to obtain expert evidence. Equally, there are cases where difficult substantive issues arise, such as where the client’s cognitive abilities are apparently intact but their decision-making is impaired by paranoid delusions, compulsive disorders or addiction.

In this session, Marie Paris, bringing insight gained from her front-line work as a Law Centre duty adviser before coming to the Bar, will examine the practical difficulties that may be faced and some of the ways in which they might be addressed. Sophy Miles, a Court of Protection practitioner, will consider the substantive issues of mental capacity law that may arise.

There will be live auto-transcription enabled throughout this event and it will be recorded. All guests will have their cameras and microphones turned off automatically for this event. Exclusionary language will not be accepted.

The audio transcript will be made available on request.

Unfortunately, we will be unable to provide a BSL interpreter for this event.

Please let us know if you would like to engage in a confidential conversation regarding this or if you have any other accessibility requirements at:

The slides are available here.


Assessing capacity: Procedural issues and difficult cases