Section 48 orders in the Court of Protection: undermining autonomy or an honest account of interim judging?

ABSTRACT

This case note considers the role of section 48 orders under the Mental Capacity Act 2005 following the decision by Mostyn J in A Local Authority v LD and RD [2023] EWHC 1258 (Fam). The case concerned an application for removal from home for a man in his 40s with learning disability, autism and Down’s Syndrome for the purposes of assessment of mental capacity. The case note considers the role and function of interim orders under section 48 as well as the wider problem of removing adults from their own home in the name of safeguarding.

KEYWORDS:

• Autonomy
• best interests
• Court of protection
• interim orders
• mental capacity

Disclosure statement

No potential conflict of interest was reported by the author.