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. CLF had been in many placements and absconded a number of times. She had also had sexual relations with men after contact on the internet, including occasions where she was having sexual relations with men she met on Tinder and making an allegation of rape. However a recent move to an assessment unit with one to one support seemed to have settled her.
In this judgment, Poole J reviews the expert evidence, noting the changing position of the expert in relation to CLF's capacity to decide on contact with others. He also provides an extensive review of the case law relating to capacity to decide on sexual relations and the use of contraception. He then goes on to find, after noting the problems with differing findings over multiple areas of capacity, that CLF lacked capacity to decide on residence or contact with others (among others) but did have capacity to decide on sexual relations, a finding consistent with the decisions in PN and EE. He also made an interim finding that CLF lacked capacity on the use of contraception but further education could lead to CLF gaining capacity in this are as well. Read the full judgment on Bailii Comments are closed.
|
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
Support the Hub
This site is free to access but if you find it useful then please consider a contribution by way of support for our work. Click here to contribute. Sign up for our free email alertWe do not share your details with any third parties and you can unsubscribe at any time
More from Bath PublishingBrowseCategories
All
Archives
January 2025
|
This site is published by Bath Publishing Limited
www.bathpublishing.com Manage your email preferences Read the Bath Publishing Privacy Policy |