Hearing to decide if the P had capacity to consent to sexual relations.
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.
The court had to decide if the P had capacity to engage in sexual relations.
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 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.
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.
The court had to decide whether the P had capacity to decide where he resides, the care he receives, to have contact with others and access to the internet and social media. The court concluded that he did have capacity to make those decisions.
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.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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