LACK OF CAPACITY IS NOT AN 'OFF SWITCH' FOR RIGHTS AND FREEDOMS: WYE VALLEY NHS TRUST V MR B (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR) 2015 EWCOP 60

摘要

Wye Valley NHS Trust v Mr B 2015 EWCOP 60 illustrates the extent to which the wishes, feelings, beliefs, and values strongly expressed by a person who lacks decision-making capacity are to be considered in determining his best interests. Whilst not going as far as a supported decision-making model, as endorsed by the UN Convention on the Rights of Persons with Disabilities, the case exemplifies the participative ethos of the Mental Capacity Act 2005 and the requirement that the person lacking capacity should participate as fully as possible in any decision affecting him.