Assisted Decision-Making (Capacity) Act 2015

Application under Part 5, 7 or 8 to be heard in presence of relevant person or persons concerned

139. (1) An application to the court or the High Court under Part 5 (including an application under section 48 ), 7 or 8 shall be heard in the presence of the relevant person the subject of the application unless, in the opinion of the court or the High Court, as the case may be—

(a) the fact that the relevant person is not or would not be present in court would not cause an injustice to the relevant person,

(b) such attendance may have an adverse effect on the health of the relevant person,

(c) the relevant person is unable, whether by reason of old age, infirmity or any other good and substantial reason, to attend the hearing, or

(d) the relevant person is unwilling to attend.

(2) Subsection (1) shall, with all necessary modifications, apply to a review under Part 10 by the wardship court of a detention order in respect of the person concerned (within the meaning of section 104 ) as it applies to an application under Part 5, 7 or 8 to the court or High Court in respect of the relevant person the subject of the application.