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Cases

Calderdale Metropolitan Borough Council v LS & Anor [2025] EWCOP 10 (T3)

4/4/2025

 
Revisiting a capacity decision where social workers were concerned P was still vulnerable.

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JC v Cornwall Council & Ors [2024] EWCOP 75 (T2)

10/1/2025

 
Decision concerning JC's capacity to have sexual relations.

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ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462

6/12/2024

 
Appeal against a finding that ZX lacks the capacity to engage in sexual relations.

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PS (Severe short term memory loss: Capacity to engage in sexual relations), Re [2024] EWCOP 42 (T2)

27/8/2024

 
Judgment concerning capacity where PS, a 79 year old woman, has severe short term memory loss.

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A Local Authority v ZX [2024] EWCOP 30

21/6/2024

 
Decision regarding ZX's capacity to engage in sexual activity

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ZZ (Capacity), Re [2024] EWCOP 21

2/5/2024

 
Appeal by the local authority against a decision that ZZ has capacity to make decisions about residence, engage in sexual relations and marriage.

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CLF, Re (Capacity: Sexual Relations and Contraception) [2024] EWCOP 11

15/3/2024

 
Judgment concerning capacity of CLF to make decisions relation to residence, care, contact, use of social media, engagement in sexual relations and use of contraception.

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Hull City Council v KF [2022] EWCOP 33

9/8/2022

 
Capacity and best interests decision concerning whether KF has capacity to have sexual relations with KF, a man who has sexually assaulted her in the past.

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A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52

25/11/2021

 
Appeal concerning when an individual lacks capacity to consent to sexual relations and whether that assessment should also take into account their capacity to understand whether the other person has given consent. Appeal dismissed. ​

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​The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527

25/10/2021

 
​Appeal against a decision that care workers would not commit a criminal offence under section 39 of the Sexual Offences Act 2003 were they to make the practical arrangements for a 27 year old man to visit a sex worker. Appeal allowed.

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