26 October 2012
An NHS trust v H and others [2012] All ER (D) 110 (Oct)
While an involved and capacitous parent might be better placed to express views that assisted in assessing best interests than one who was less involved or capacitous, that was a matter of evidence and not one of principle. Parents who lacked capacity might still make telling points about welfare and it would be wrong to discount the weight to be attached to their views simply because of incapacity. It was the validity of the views that mattered, not the capacity of the person that held them.
