A Local Authority v H (No 2) [2019] EWCOP 51

Applications to reconsider capacity rulings in relation to the P, particularly in relation to sexual relations and contraception and to review the best interests provisions in the light of any change that the court may make to the declarations.

In 2011, the court ruled that the P lacked capacity to make any decisions in relation to her residence, care and support arrangements, contact, consent to sexual relations and contraception. The P now lives in her own flat but there are still significant restrictions on her liberty. The court had to decide if she had capacity in relation to sexual relations.

The court approved the care plans which had been advanced by the LA. The court reminded itself that the P ​should be given the maximum freedom that consenting to sexual relations is intended to bestow, but at the same time the court has an obligation to remember its protective role in relation to any person with whom she might have sexual relations, particularly given the history of this particular case. The LA have and will retain the power to maintain or monitor the list of welcomed visitors to the P's flat but once that visitor lawfully enters the flat and the front door is shut, the LA have no further responsibilities for what then takes place. 

Read the full text of the judgment on Bailii