Capacity: the court and the expert, and the ‘reasons burden – Mental Capacity Law and Policy
‘In one of what is likely to be one of her last decisions as a Tier 3 judge (having very recently been appointed a Court of Appeal judge), Lieven J considered a very complex situation in London Borough of Camden v BW & Anor (Capacity Decisions; Reasons) [2026] EWCOP 26 (T3). At its heart were two questions as to the capacity of the young woman, BW: (1) to make decisions about taking psychotropic medication;[1] and (2) about sharing information with her sister. Her case was, sadly, one which was not entirely untypical of cases now appearing before the court, i.e. a young woman identified as vulnerable to sexual exploitation and abuse, with a history of contacting men on the internet and then being exploited. BW had also been arrested a number of times for assault, but had been assessed as unfit to plead or stand trial on at least one occasion.’
Mental Capacity Law and Policy, 15th June 2026
