The High Court has struck out an application by a man seeking a detailed capacity assessment of his father after finding there was no evidence that the older man lacked decision-making capacity.
Mr Justice David Barniville, President of the High Court, delivered the ruling on July 20 in proceedings brought by T.S concerning his father, O.S.
T.S, who is based in Ecuador, had raised concerns following an incident in Singapore in December 2025 when, he said, his father experienced an acute neurological and behavioural episode involving confusion, agitation and disorientation. He said his father had previously lived independently, driven, played golf and managed his own affairs, but had since shown cognitive and functional decline.
The application asked the court to use its inherent jurisdiction to consider appointing an independent medical visitor or clinician to assess O.S.
O.S opposed the application through his solicitors. A brief report from his GP, dated July 9, stated that following medical examination he had full decision-making capacity. The judge noted that the report was short and did not contain a detailed explanation.
The court also received evidence from the HSE. A public health nurse who visited O.S in early June identified no environmental, welfare or safeguarding concerns. A social work team leader in the Midlands Adult Safeguarding and Protection service later spoke directly with him and was told he did not consider himself at risk of harm. A further home-support visit in late June also identified no concerns about his safety, welfare or living environment.
T.S argued that the GP report did not amount to a full functional capacity assessment under the Assisted Decision-Making (Capacity) Act 2015 and opposed striking out the case.
Barniville P said lack of capacity was an essential requirement before the High Court's inherent jurisdiction could be engaged. As the only medical report before the court confirmed full capacity, and the HSE evidence disclosed no safeguarding concerns, he refused the application and struck out the proceedings.