To ask the Secretary of State for Justice if he will introduce legislation to prevent the courts from accepting the opinion of experts paid by local authorities as to the capacity of parties to give instructions to solicitors; and if he will make a statement. (279273)

There are no plans to introduce legislation. Where a person involved in legal proceedings lacks capacity (within the meaning of the Mental Capacity Act 2005) to conduct proceedings, their interests must be protected by the appointment of a 'litigation friend'. Where the issue of capacity is in question, it will often be the case that a court will require the assistance of a medical report to take an evidence based view. If such an expert report is ordered the expert has an overriding duty to the court that takes precedence over any obligation to the person from whom the expert has received instructions or by whom the expert is paid.