A v AG and CI (No. 2) (Rev 1) [2021] EWCOP 5

The court had to decide if the P had capacity to conduct litigation, decide where she was to live and make decisions on her care and support, including sexual relations, amongst other things.

The P is a 69 year old woman suffering from frontal lobe dementia who resides at a care home managed by the applicant local authority. It had been found that the P lacks capacity in many areas including the capacity to agree to sexual relations and marriage. Restrictions had been put in place in the care home to prevent the P from entering another male resident's room for example. This hearing was to review the P's capacity, particularly in relation to whether she had capacity to agree to sexual relations.

The court held that the P lacks capacity in relation to decisions about litigation, residence, care, financial affairs and property, and marriage, but does have capacity to make decisions about contact with others and engagement in sexual relations. It was therefore apparent that the care home would have to reconsider the care plans for the P.

​Read the full text of the judgment on Bailii