DY, Re [2021] EWCOP 28

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

The 18 year old P has been diagnosed with two chromosomal duplicities, fetal alcohol spectrum disorder, and a moderate learning disability. Additionally, an independent expert report prepared during these proceedings concluded that she had developmental trauma disorder or complex post-traumatic stress disorder, both of which are disorders of the mind or brain. This hearing was to decide if she had capacity to consent to sexual relations.

The court concluded that she did have capacity. At the time she was assessed, the P understood and was able to weigh all relevant information and had the capacity to decide to engage in sexual relations on a general non-specific basis.

Read the full text of the judgment on Bailii