Home » Case law » Assessing capacity: King’s College Hospital NHS Trust v C [2015] EWCOP 80

Assessing capacity: King’s College Hospital NHS Trust v C [2015] EWCOP 80

Case Date: 30 November 2015

Publication Date: 28 February 2016

Introduction

The Mental Capacity Act 2005 applies in England and Wales, and therefore this case will be relevant for practitioners in both countries. By Emma Sutton, barrister, Serjeants’ Inn Chambers The case was described by the judge, Mr Justice MacDonald, as a “difficult and finely balanced case”. The issue for the court was whether a woman, […]

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Title *
Assessing capacity: King's College Hospital NHS Trust v C [2015] EWCOP 80

Date *
31-03-2025 (dd-mm-yyyy)

Learning or development activity, resource or URL
https://adults.ccinform.co.uk/case-law/kings-college-hospital-nhs-trust-v-c-anor-2015-ewcop-80-assessing-capacity/

Learning

Use the boxes below to record what you have learned from this activity. The form below replicates that used by Social Work England in your online account, so that when you need to renew your registration each year, you can easily transfer examples of CPD. Everything you write will be stored in your My CPD log on CC Inform. You can return to each piece of CPD and edit or add to it at any time - for example, if you reflect on it with a peer. You can export all the information as a Word file and copy it into Social Work England's form for the pieces you choose to submit during renewal, and print it off for other uses - for example, in supervision or peer reflection.

1. Describe what you have learnt from doing this CPD activity. (Social Work England recommend that you write 250-500 words, and they say that you may want to refer to the CPD standard 4.1-4.8 - see below.)

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This is an optional question. By answering it for at least one of your pieces of CPD, you will meet Social Work England's requirements to record one piece of CPD with a peer reflection during the registration year. You are expected to write at least 250 words.

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4.1 Incorporate feedback from a range of sources, including from people with lived experience of my social work practice.
4.2 Use supervision and feedback to critically reflect on, and identify my learning needs, including how I use research and evidence to inform my practice.
4.3 Keep my practice up to date and record how I use research, theories and frameworks to inform my practice and my professional judgement.
4.4 Demonstrate good subject knowledge on key aspects of social work practice and develop knowledge of current issues in society and social policies impacting on social work.
4.5 Contribute to an open and creative learning culture in the workplace to discuss, reflect on and share best practice.
4.6 Reflect on my learning activities and evidence what impact continuing professional development has on the quality of my practice.
4.7 Record my learning and reflection on a regular basis and in accordance with Social Work England's guidance on continuing professional development.
4.8 Reflect on my own values and challenge the impact they have on my practice.

For more information, see Social Work England’s guidance on CPD.

Add item to CPD Log (SCW)

Title * Assessing capacity: King's College Hospital NHS Trust v C [2015] EWCOP 80

Date * 31-03-2025 (dd-mm-yyyy)

URL https://adults.ccinform.co.uk/case-law/kings-college-hospital-nhs-trust-v-c-anor-2015-ewcop-80-assessing-capacity/

Learning Use the boxes below to record what you have learned from this activity. Everything you write will be stored in your Inform account and you can export all the information as a Word file or print it off. When you have to renew your social work registration with Social Care Wales, you can include this as evidence of continuing professional development.

1. What have you learned from this activity?

2. How has it contributed to your practice?

3. How much time have you spent on this activity?

4. Next steps (any additional learning you need in this area)?

For more details, visit Social Care Wales

Citation

Full Harvard reference for this document:

Sutton, E (2015) Assessing capacity: King's College Hospital NHS Trust v C [2015] EWCOP 80. Case Law.
Community Care Inform
[online]
https://adults.ccinform.co.uk/case-law/kings-college-hospital-nhs-trust-v-c-anor-2015-ewcop-80-assessing-capacity/
[accessed: 31 March 2025]

If you are directly quoting the author's own words from this document you must acknowledge that they are not your own words by putting them within quotes marks, reference the source in the text and then provide the full reference at the end of the document. For example:

In the text: Baim argues that "understanding adult attachment patterns can also help practitioners to more readily identify the behaviour patterns that the client uses to maintain safety and comfort and which also, in some cases, serve to keep the client stuck in behaviour that no longer serves them as adults". (Baim, 2015)

Full reference to insert at the bottom of the document: Baim, C. (2015) Using attachment theory to work with adults, Guide. Community Care Inform Adults [online]. Available at: https://adults.ccinform.co.uk/guides/guide-using-attachment-theory-work-adults/ [accessed: INSERT DATE HERE (eg 9 October 2015)]

Assessing capacity: King’s College Hospital NHS Trust v C [2015] EWCOP 80

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