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Growing up under the Mental Capacity Act: The twilight zone of 16-18 year olds
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Most of us are used to the idea that the law treats us differently when we turn 18. We gain greater freedom; we lose access to certain public resources. For those growing up subject to a Care Order or with a high level of care due to a disability this transition is all the more complex. These young people move not just from one category to another but between jurisdictions. How differently does the law treat young people who ‘graduate’ from the family law jurisdiction to that of the Court of Protection? How great a difference in treatment should there be? This article will examine two cases reported in 2015 in an attempt to shed some light on these questions.
Access to public resources
The first case
Re MN [2015] EWCA Civ 411 was widely reported. Sitting in the Court of Appeal the President of the Family Court and the Court of Protection Sir James Munby made an understandable effort to tie the principles and practices of the two jurisdictions together. MN was a ‘profoundly disabled’ young man lacking capacity to make...
Read the full article here.
