Search results for ‘Subject term:"mental health problems"’ Sort:
Results 1 - 1 of 1
Getting it right in time: parents who lack litigation capacity in care proceedings
- Authors:
- WELBOURNE Penelope, MacDONALD Paula, BATES Philip
- Publishers:
- Nuffield Foundation, Plymouth University
- Publication year:
- 2017
- Pagination:
- 96
- Place of publication:
- London
This study looks at the characteristics of parents lacking litigation capacity in care proceedings and identifies key aspects of provision that could help them to get fair representation in court and participate in hearings. The study examined how many parents are found to lack litigation in care proceedings, their key characteristics - such as age, gender, the issues that led to them lacking litigation capacity, and the number of children involved in proceedings where a parent lacks litigation capacity. It also explores the courts and Office of the Official Solicitor respond to the Public Sector Equality Duty under the Equality Act 2010 in cases involving parents who lack litigation capacity. The study found that lack of litigation capacity may be due to mental health problems, intellectual disability, or a combination of factors. Capacity is also issue specific, so some people may have capacity to make some decisions, but not others. It can also fluctuate, especially in the case of a mental health problem. It also found that very few parents ended proceedings with the care of their children. Based on the findings, the report makes recommendations to support parents who lack litigation capacity. These include: for courts to provide the technology and space to enable parents who have specialist communication and participation needs to observe, understand and participate in hearings; and in cases that require an interpreter the support of an intermediary to help any interpreter communicate with a parent who lacks litigation capacity. (Edited publisher abstract)