— (1) The first instance judge had erred by including knowledge of the patient CT's psychiatric diagnoses and their consequences in the list of relevant information, as such an "insight" requirement is circular and risks leading inevitably to the conclusion that the patient lacks capacity; (2) that approach wrongly failed to delay consideration of mental impairment until after the functional assessment; (3) the judge had not properly taken into account recent evidence that CT had insight into his increasing frailty. The appeal judge added to the "growing industry of checklists" with 10 points to assist those assessing capacity.
Full details available at: https://www.mentalhealthlaw.co.uk/CT_v_London_Borough_of_Lambeth_(2025)_EWCOP_6_(T3)?id=130225-1240