Mithram Samuel explained in a recent article that social workers evidence in court is to be given greater weight in the Court of Protection because of changes in its guidance on mental capacity assessments. Click here to read the article.

As social workers have significant involvement in the day-to-day lives of people who may be lacking in capacity, their evidence will be a useful tool for judges in determining a person’s best interests.

However, I would re-iterate the point made by the HMRC spokesperson in the article that the judge has the discretion to accept or refuse any evidence.

Paul Davis is a Solicitor at BHW Solicitors in Leicester and regularly writes on contentious probate matters. Paul can be contacted on 0116 281 6231 or by email at

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