Court of Protection Ruling Highlights Importance of Specialist Assessments for Deaf Individuals

A recent Court of Protection ruling emphasised the need for specialist expertise when assessing the mental capacity of deaf individuals fluent in British Sign Language (BSL). The case involved a 20-year-old man previously deemed to lack mental capacity for various decisions. However, a new assessment by a consultant experienced in working with deaf individuals found him capable, a conclusion upheld by the judge. The judgment outlined key recommendations, including ensuring assessors are proficient in BSL and have a background in deafness or providing clear justifications if these criteria are unmet. The case also addressed fluctuating mental capacity and highlighted the court’s efforts to involve the individual in proceedings. Read the full post here.