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Revisiting a capacity decision where social workers were concerned P was still vulnerable.
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.
Appeal by the local authority against a decision that ZZ has capacity to make decisions about residence, engage in sexual relations and marriage.
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.
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.
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.
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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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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