P (Sexual Relations and Contraception) v.2 [2018] EWCOP 10 (18 April 2018)

P (Sexual Relations and Contraception) v.2 [2018] EWCOP 10 (18 April 2018)

P now has capacity to consent to sexual relations but lacks capacity to consent to contraceptive treatment and to make decisions about personal welfare. It is in P's best interests for the IUD to remain in place and for her not to be informed of its existence at this stage, given the risk of significant emotional harm and breakdown of trust if she were told. The current regime of supervision may be relaxed in a controlled way, but future decisions about P's relationships and contraception must be kept under review and involve the court if necessary.

Citation
[2018] EWCOP 10
Parties
Applicant: A Local Authority; First Respondent: P (by her litigation friend, the Official Solicitor); Second Respondent: The NHS Trust; Third Respondent: A Family Member (M)
Jurisdiction
England and Wales
Judgment Date
18 April 2018
Procedural Posture
Court of Protection Proceedings Under the Mental Capacity Act 2005 / Final Judgment Following Restoration of Proceedings and Contested Hearing
Outcome
Declarations made as to P's capacity; orders for best interests including retention of IUD without informing P; supervision to be relaxed as per care plan; proceedings not to be terminated and future decisions to be kept under review.
Legal Topics
Capacity to Consent to Sexual Relations, Best Interests Decision Making, Covert Medical Treatment, Contraception and Sterilisation, Deprivation of Liberty, Article 8 ECHR, Vulnerable Adults
Mental Capacity Law Family Law Human Rights Law Capacity to Consent to Sexual Relations Best Interests Decision Making Covert Medical Treatment Contraception and Sterilisation Deprivation of Liberty +2 more

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Parties

A Local Authority

Applicant

P (by her litigation friend, the Official Solicitor)

First Respondent

The NHS Trust

Second Respondent

A Family Member (M)

Third Respondent

Procedural Posture

Court of Protection Proceedings Under the Mental Capacity Act 2005 / Final Judgment Following Restoration of Proceedings and Contested Hearing

Legal Issues

  1. 1 Does P have capacity to consent to sexual relations?
  2. 2 Does P have capacity to consent to contraceptive treatment and to make decisions about personal welfare?
  3. 3 Is it in P's best interests for the IUD to remain in place and for her not to be informed of its existence?

Ratio Decidendi

P now has capacity to consent to sexual relations but lacks capacity to consent to contraceptive treatment and to make decisions about personal welfare. It is in P's best interests for the IUD to remain in place and for her not to be informed of its existence at this stage, given the risk of significant emotional harm and breakdown of trust if she were told. The current regime of supervision may be relaxed in a controlled way, but future decisions about P's relationships and contraception must be kept under review and involve the court if necessary.

Court Disposition

Declarations made as to P's capacity; orders for best interests including retention of IUD without informing P; supervision to be relaxed as per care plan; proceedings not to be terminated and future decisions to be kept under review.

Orders

  • Declaration that P has capacity to consent to sexual relations.
  • Declaration that P lacks capacity to consent to contraceptive treatment and to make decisions about personal welfare.