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- Now legal aid withheld from a vulnerable adult without litigation capacity
Now legal aid withheld from a vulnerable adult without litigation capacity
The Upper Tribunal has ruled in an important case concerning the rights of a detained patient who may lack litigation capacity and whether a welfare deputy can withdraw his application for discharge by a tribunal. In AMA v Greater Manchester West Mental Health NHS Foundation Trust & others, Mr Justice Charles sitting in the Upper Tribunal gave guidance on these issues. He was also highly critical of the Legal Aid Agency which had decided that the patient, who suffers from severe mental disorder following a brain injury, should have conducted these highly technical proceedings on his own. Simon Burrows instructed by O’Donnells, Preston acted for him pro bono.
Please find a copy of the decision attached: