What to do in when a children law case involves capacity issues
This course offers a practical discussion of what children law practitioners must do, if they are concerned regarding the capacity of one or more of the parties involved in a case.
During this session, lecturer Safda Mahmood will examine the lessons which can be learnt from leading case law in this area including:
• RE M (A Child) 2009 EWCA Civ 315
• RE O & M (Children) sub nom GM & KM v (1) A Local Authority (2) LO & EM (Children) EWCA Civ 1405
• Re D (Children) 2015 EWCA Civ 749
Consideration will be given to the five statutory principles contained within the Mental Capacity Act 2005 and how these are applied when assessing capacity in children law cases.
Finally, Safda will ensure that viewers are familiar with guidance issued by the President of the Family Division in 2018 concerning the capacity to litigate in proceedings involving children and proceedings involving parents with a learning disability.
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