ABSTRACT

This chapter examines what constitutes relevant information in terms of decision-making and mental capacity assessment, as well as the extent to which a person needs to be able to understand, retain and weigh up this information in order to be considered able to make a decision. Depending on the decision, it may be a good idea to seek the opinion of treating clinicians, doctors, occupational therapists or solicitors. A decision has been taken, therefore, to undertake a formal assessment of her capacity to make a decision to go on holiday alone. A Court of Appeal ruling stated that case law rulings on the relevant information for a decision should be “treated and applied as no more than guidance to be expanded or contracted or otherwise adapted to the facts of the particular case”.