A Local Authority v ZX [2024] EWCOP 30

Decision regarding ZX's capacity to engage in sexual activity

ZX is 18 and had been adopted with his brother at an early age and there were allegations, unproven,  that his adoptive parents had sexually abused the brothers. There were also reports, arising from therapy sessions, that the brothers had been involved in sexual activity together. ZX was now in a placement for children but had turned 18, his future needed to be settled and there were concerns over his relationship with a girl aged 15.

HHJ Burrows sets out the allegations and the expert evidence then, given the sensitivity of the decision, undertakes a thorough review of the law on capacity and sexual relations before setting out his conclusions at [114], noting he has to follow the Supreme Court decision in JB. He goes on to decide ZX lacks capacity to engage in sexual relations as his behaviour and mental disorder means "he is unable to use and weigh relevant information concerning his would be or actual sexual partner’s refusal to, or withdrawal of, consent in real time."

Read the judgment on the National Archive