1. Mental capacity is determined by reference to the Mental Capacity Act 2005. A decision on mental capacity that has fails to meet the five principles of the Act is unsound.
(i). The first Principle is: "A person must be assumed to have capacity unless it is established that he lacks capacity". This includes a process by which proof is produced and the person has the opportunity to respond to that proof. That was not done.
2. Furthermore, it was not shown which of the four criteria for capacity I failed to meet and how.