Lack of capacity

Re X and others (Deprivation of Liberty) (Number 2) [2014] EWCOP 37, [2014] All ER (D) 224 (Oct) NLJ 5 December

Following a previous judgment on questions of law in deprivation of liberty cases involving adults who lacked capacity (see [2014] All ER (D) 43 (Aug)), the Court of Protection supplemented and elaborated on some of those questions. It held that a patient, P, was not required to be a party to welfare proceedings under domestic law or the ECHR. Further, P could participate in the proceedings without being joined and, if a party, he was not required to have a litigation friend. However, a litigation friend who did not act by a solicitor required the court’s permission to act as P’s advocate.