A hearing to consider the scope and ambit of the law, in particular the Sexual Offences Act 2003, regarding the P accessing the services of a sex worker.
Appeal against a declaration that the P had capacity to consent to sexual relations. The appeal was allowed, the declaration set aside and the matter was remitted to the judge for reconsideration.
Application by the P's daughter to achieve his discharge from the care home where he is presently living and a declaration that it is in his best interest to be returned to his home with an appropriate package of support.
These 5 applications were asking the court to make orders to give effect in England and Wales to representative powers originating in a foreign jurisdiction.
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.
The property and affairs deputy for the P was seeking authority for buccal cell samples to be taken from the P for the purposes of DNA testing to establish whether or not he was the father of each or any of three individuals. The application was granted.
The issue in this appeal was whether it is within the scope of parental responsibility to consent to living arrangements for a 16 or 17-year-old child which would otherwise amount to a deprivation of liberty within the meaning of article 5 of the European Convention of Human Rights (ECHR), in particular where the child lacks the mental capacity to make the decision for himself.
For the purposes of determining the fundamental capacity of an individual in relation to sexual relations, the information relevant to the decision for the purposes of section 3(1) of the MCA 2005 does not include information that, absent consent of a sexual partner, attempting sexual relations with another person is liable to breach the criminal law.
The P suffers from what is referred to as 'general global learning difficulty' and 'an impairment' in relation to her facility to communicate with others. She has been, at least historically, assisted by using the Makaton sign language. Her sentences are limited. She has been married to her husband for nearly 30 years and they have a 20 year old daughter. The question before the court was whether or not she had capacity to consent to sexual relations.
The judgment is important in that the question of whether the test for capacity to consent to sexual relationships is general and issue specific, rather than person or event specific was discussed in detail.
Read the full text of the judgment on Bailii
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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