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.
Judgment concerning whether a young man had capacity, in particular with regards to his contacts and sexual relationships.
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.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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