Source: All England Reporter
Publisher Citation: [2011] All ER (D) 31 (Oct)
Court: Court of Protection

Sir Nicholas Wall P

Representation Luke Harris (instructed by Thackray Williams LLP) for LG.
  Alexander Ruck Keene (instructed by the Official Solicitor) for DK.
Judgment Dates: 5 October 2011


Mental health - Court of Protection - Practice - Court being asked to determine whether in best interests of patient to provide bodily sample for DNA purposes to establish parentage of adult 'daughter' - Whether court having free standing power to order DNA testing notwithstanding absence of specific application within proceedings putting parentage in issue - ss 20(1) and 21(4).

The Case

Mental health Court of Protection. The Court of Protection held that s21(4) of the gave the court the power to consent to the taking of a bodily sample from a person lacking capacity notwithstanding the absence of a specific application within the COP proceedings putting the parentage of an individual in issue.

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