Application by the LA to determine whether or not the P lacked capacity to make decisions about her residence, care, contact, access to social media and the internet, to enter and surrender a tenancy and to consent to sexual relations. The court ruled that she lacked capacity in all areas.
The P is a 31 year old woman with a learning disability associated with a history of social and functional skills impairment and significant cognitive impairments. She lives in a supported living placement. The applicant LA had significant concerns about the P's safety and welfare and the risk certain individuals with whom she chooses to form relationships pose to her.
The court ruled that the P is a vulnerable adult and considering how the personality disorders impact on all the P's decision-making, concluded that they do so distort her perception of the world and that she lacks MCA capacity in all domains including consenting to sexual relations.
Read the full text of the judgment on Bailii
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