W, Re: Capacity to Engage in Sexual Relations & Marry [2025] EWCOP 32 (T2) (26 August 2025)

W, Re: Capacity to Engage in Sexual Relations & Marry [2025] EWCOP 32 (T2) (26 August 2025)

W has capacity to engage in sexual relations and to enter into a marriage or civil partnership, provided she is supported and in a mutually respectful and safe relationship. The bar for capacity must not be set higher for W than for capacitous individuals, and her vulnerabilities can be managed through care and support plans. W lacks capacity to make decisions about contact with others due to her inability to generalise risks and understand her unique vulnerabilities.

Citation
[2025] EWCOP 32
Parties
Subject: W; Applicant/local Authority: East Sussex County Council; Litigation Friend for W: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
26 August 2025
Procedural Posture
Court of Protection Application / Final Judgment on Capacity
Outcome
Declaration that W has capacity to engage in sexual relations and to enter into a marriage or civil partnership; declaration that W lacks capacity to make decisions about contact with others.
Legal Topics
Capacity to Consent to Sexual Relations, Capacity to Marry or Enter Civil Partnership, Vulnerable Adults, Best Interests, Safeguarding
Mental Capacity Law Family Law Adult Social Care Capacity to Consent to Sexual Relations Capacity to Marry or Enter Civil Partnership Vulnerable Adults Best Interests Safeguarding

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Parties

W

Subject

East Sussex County Council

Applicant/local Authority

Official Solicitor

Litigation Friend for W

Procedural Posture

Court of Protection Application / Final Judgment on Capacity

Legal Issues

  1. 1 Does W have capacity to engage in sexual relations?
  2. 2 Does W have capacity to enter into a marriage or civil partnership?
  3. 3 Does W lack capacity to make decisions about contact with others?

Ratio Decidendi

W has capacity to engage in sexual relations and to enter into a marriage or civil partnership, provided she is supported and in a mutually respectful and safe relationship. The bar for capacity must not be set higher for W than for capacitous individuals, and her vulnerabilities can be managed through care and support plans. W lacks capacity to make decisions about contact with others due to her inability to generalise risks and understand her unique vulnerabilities.

Court Disposition

Declaration that W has capacity to engage in sexual relations and to enter into a marriage or civil partnership; declaration that W lacks capacity to make decisions about contact with others.

Orders

  • Care and support plan to be drawn up to provide W with support to exercise her capacity to engage in sexual relations and marriage/civil partnership.
  • Local Authority to continue to manage and make best interests decisions regarding W's contact with others.