The link is to a petition in the House of Commons tabled last night.
This raises a number of interesting question as to how capacity is determined and who should be allowed to determine capacity.
If you have a number of parties to a court case it appears to me as wrong that one party should be able to pay someone to give an opinion which strikes out the capacity of another party.
I am also quite unhappy in the way that CAFCASS obtain opinions that the opinions of children that are "gillick competent" are invalid and strike out the children's capacity to express a view.
The official solicitor issue (see Hansard) is not one that will go away.
This raises a number of interesting question as to how capacity is determined and who should be allowed to determine capacity.
If you have a number of parties to a court case it appears to me as wrong that one party should be able to pay someone to give an opinion which strikes out the capacity of another party.
I am also quite unhappy in the way that CAFCASS obtain opinions that the opinions of children that are "gillick competent" are invalid and strike out the children's capacity to express a view.
The official solicitor issue (see Hansard) is not one that will go away.
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