Court of Protection Hub
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News & Views
  • About the book
  • About the site

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.
​KF has a learning difficulty that causes problems with capacity. She had been in a long term relationship with KW but there had been several episodes of sexual and physical assault, one leading to hospitalisation. She returned to live with him after that incident but KF moved to a care home placement after further assaults. An initial assessment found that she had capacity to have sexual relations but not to conduct proceedings, decide on property affairs etc.

This judgment arose from an application concerning whether it was in KF’s best interest to be allowed to spend a night with KW in circumstances where she had been diagnosed with metastatic breast cancer and he was about to be sentenced for the assaults. Mr Justice Poole notes that the expert witness now considered that KF did not have capacity to decide on having sex with KW, directs himself there is a person-specific question to be addressed and, in that light, concludes she does not have capacity. He then considers KF’s best interests and states at [29]    

“Having determined that KF lacks capacity to make those decisions, the court has to consider whether it is in KF's best interests to spend unsupervised time with KW including overnight. The court cannot consent to sexual relations on behalf of a person. If someone had sexual relations with KF without her consent it would be an assault. Sexual intercourse without her consent would be rape. Therefore, having decided that KF lacks capacity to decide to engage in sexual relations with KW, the court cannot decide that it is in her best interests to have sexual relations with him.”
​

However he does rule that it is in her best interest only to have contact with KW in public places and under supervision so sees “no reason why it would be contrary to KF's best interests to accede to her wish to kiss and cuddle KW during a final supervised contact in a public place.”

​Read the 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 alert

    We do not share your details with any third parties and you can unsubscribe at  any time

    RSS Feed


    More from Bath Publishing


    Browse

    Categories

    All
    Advance Decisions
    Assessments
    Best Interests
    Capacity
    Committal
    Contact
    Contempt Of Court
    Coronavirus
    Costs
    Deputies
    Disclosure
    DNA Testing
    DOLs
    End Of Life Decisions
    Finance
    Gifts
    Habitual Residence
    Human Rights
    Inherent Jurisdiction
    Injunctions
    International
    Jurisdiction
    LPA/EPA
    LPAs
    Medical Treatment
    Personal Welfare
    Practice & Procedure
    Pregnancy & Contraception
    Publicity
    Religion
    Reporting
    Residence
    Settlement
    Sexual Relations
    Statutory Will
    Sterilisation And Termination

    Archives

    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    February 2017
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015



Picture
This site is published by Bath Publishing Limited
www.bathpublishing.com
Manage your email preferences
Read the Bath Publishing Privacy Policy
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News & Views
  • About the book
  • About the site