The P was found to have capacity to consent to sexual relations.
The P suffers from what is referred to as 'general global learning difficulty' and 'an impairment' in relation to her facility to communicate with others. She has been, at least historically, assisted by using the Makaton sign language. Her sentences are limited. She has been married to her husband for nearly 30 years and they have a 20 year old daughter. The question before the court was whether or not she had capacity to consent to sexual relations.
The judgment is important in that the question of whether the test for capacity to consent to sexual relationships is general and issue specific, rather than person or event specific was discussed in detail.
Read the full text of the judgment on Bailii
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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