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Cases

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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A local Authority v P and CCG (JUDGMENT ON CAPACITY) [2021] EWCOP 48

16/8/2021

 
​Judgment concerning whether a young man had capacity, in particular with regards to his contacts and sexual relationships.

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DY, Re [2021] EWCOP 28

17/5/2021

 
Hearing to decide if the P had capacity to consent to sexual relations.

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A Local Authority v C & Ors [2021] EWCOP 25

30/4/2021

 
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.

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HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15

24/2/2021

 
The court had to decide if the P had capacity to engage in sexual relations.

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

25/1/2021

 
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.

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AA (Court of Protection: Capacity To Consent To Sexual Practices) [2020] EWCOP 66

16/12/2020

 
​​The court had to make decisions in relation to whether the P had capacity to make decisions about his engagement in AEA and in relation to his contact with people he meets online.

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A Local Authority v AB & Anor [2020] EWCOP 32

8/7/2020

 
There was a dispute as to whether the conclusions of a second independent expert psychiatrist  should be accepted, and final declarations made in accordance with those conclusions.

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