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Importance of the Causative Nexus

The Causative Nexus is an important part of the Diagnostic Step for Mental Capacity. In its simplest of forms, it can be described as the ‘link’ between the Functional Step of the two-stage test, and whether the Diagnosis is the origin for this outcome. Another way to consider the causative nexus, is as the ‘because’ or justification for why a diagnosis may be the causation for a person being unable to demonstrate decision making within the functional stage of the assessment.

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Quality of care: grandmother and grandaughter smiling together

Importance of wishes, beliefs and values in Best Interest decisions

A Best Interest decision (Section 4, Mental Capacity Act 2005) is a legally directed process that must be followed when a person has been assessed to lack capacity to make a specific decision at a specific time. By describing the process as ‘Best Interest’ it is purposeful reminder to all those involved that it is a decision that should be made in the Best Interest of the individual, and not any of the other involved parties.

With this in mind, it is therefore absolutely essential that the individual’s preferences, thoughts, wishes, values and beliefs are established before any Best Interest decision can be made.

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Elderly man looking very concerned, while woman comforts him

Mental Capacity and the challenge of ‘silos’

In Court of Protection (CoP) cases across the past few years there has been increasing reference and cautionary notes regarding professionals working in ‘silos’. This has been discussed by professionals such as Local Government Lawyer (2020) and Barrister, and honorary KC, Alex Keene (2021, 2024). This is a very interesting and thought-provoking topic, that we will try to explain to give readers some important context.

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Care in the home: carer helping elderly lady down the stairs

DoLS in focus: The role of the Managing Authority (MA)

Under DoLS, the Managing Authority (MA) is the nursing/care home or hospital providing (or going to provide) care and treatment for the relevant person. The responsibilities of the MA are outlined within the Code of Practice for DoLS (2008) and expanded on through Court of Protection (CoP) case law.

These documents require that the Managing Authority carry out its responsibilities with due care and diligence, with appropriate consultation. All decisions and actions taken should be fully documented as part of professional best practice.

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Contact meeting between relevant person and their representative

The rule 1.2 representative process explained

In Mental Capacity law, a rule 1.2 representative (or ‘1.2 rep’) performs a similar role to a Relevant Person’s Representative (RPR), but in a community setting.

The process for assigning a 1.2 rep is slightly different to that of an RPR. This is because community DoLS authorisations are authorised through the Court of Protection, and not by the Local Authority DoLS office, as is the case in hospital and care home settings.  And so a 1.2 rep will be identified and allocated through this process by those applying and agreed by the Court.

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Retaining information: man looking out of window

When should an RPR make a section 21a application to the Court of Protection?

The role of a Relevant Person’s Representative (RPR) is to be an independent and impartial voice working on behalf of the relevant person under a Deprivation of Liberty Safeguards (DoLS) authorisation. They are there to support inclusion, knowledge, rights and promote the person’s voice within the DoLS process, performing a vital safeguarding role to help monitor its application. As part of this role, an RPR should raise a Section 21a challenge to the Court of Protection if the person they are representing voices an objection to DoLS.

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Mental capacity assessment: female professional assessing elderly gentleman

Important updates to Form COP3 ‘assessment of capacity’

As of July 2023 there is now a new updated COP3 form (‘assessment of capacity’ for Court of Protection Submissions) available on the UK Government website. We have a growing range of blogs around this topic and area able to provide completition of Part B on referral. For a walkthrough guide of the updated document, please visit.

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Supporting capacity with augmentative communication aids

Understanding the difference between LPA and Deputy

A Lasting Power of Attorney (LPA) is a trusted person (or persons) assigned to make decisions on behalf of someone who lacks capacity to make decisions for themselves. Crucially, LPAs are assigned by an individual while they still have capacity, as a means of preserving their wishes should they become unable to make decisions for themselves at some point in the future.

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