SF, Re [2020] EWCOP 15

​The LA was seeking declarations in relation to the P’s capacity in a number of areas of her life.

The P suffers from mild learning disability, type 2 diabetes, depression, and frontal lobe dementia. She lives with her husband and also receives respite care. The court had to decide if she had capacity to litigate and to make decisions about her care amongst others; and also whether she had capacity to consent to sexual relations and to have contact with her husband.

The court ruled that the P did not have capacity to litigate or make decisions about her care etc but did have capacity to consent to sexual relations and to have contact with her husband.

Read the full text of the judgment on Bailii