Mind successfully intervenes in Court of Appeal case around Care Assessments
Mind has successfully intervened in a recent Court of Appeal case that set out what responsibilities a local authority has when conducting Care Assessments for vulnerable adults.
At the Court of Appeal, the case, known as TBD vs the London Borough of Haringey, found that where there is reason to doubt a person’s mental capacity in a matter relevant to a Care Act assessment, a mental capacity assessment must be carried out before assessing any needs for care and support.
The court accepted Mind's submissions that failures to consider capacity can lead to needs being wrongly identified and support being inadequate. The judgment also noted the importance of input from specialist psychologists or psychiatrists for people with complex needs.
For people with mental health problems, autism, learning disabilities and other cognitive impairments, this should lead to more accurate identification of needs, better support planning and stronger safeguards.
Kulthum Dambatta, Senior Lawyer at Mind, said:
“This judgment will have significant implications for thousands of people with mental health problems, learning disabilities, autism and others with fluctuating capacity.
“We now have clear, legally binding standards on how local authorities must assess capacity under the Care Act. The UK government must now ensure that local authorities are properly resourced and supported to meet these clarified statutory duties, so that no one is left without the safeguards they are legally entitled to.”
