P (Sexual Relations and Contraception) v.2

P (Sexual Relations and Contraception) v.2

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 covertly until the end of its lifespan, and she should not be informed of its existence at this stage. A slight relaxation of supervision is permitted for three months, to be reviewed, but proceedings should continue due to ongoing disagreement and uncertainty. The local authority is responsible for bringing future applications regarding the IUD.

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 Welfare / Post Hearing Judgment on Best Interests and Capacity
Outcome
Declarations and orders granted as set out in judgment; proceedings to continue for review.
Legal Topics
Capacity to Consent to Sexual Relations, Best Interests Decision Making, Covert Medical Treatment, Contraception and Sterilisation, Deprivation of Liberty, Supervision and Care Planning
Mental Capacity Law Family Law Human Rights Capacity to Consent to Sexual Relations Best Interests Decision Making Covert Medical Treatment Contraception and Sterilisation Deprivation of Liberty +1 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 Welfare / Post Hearing Judgment on Best Interests and Capacity

Legal Issues

  1. 1 Does P have capacity to consent to sexual relations?
  2. 2 Should the IUD remain in place and should P be informed of its existence?
  3. 3 What is in P's best interests regarding contraception, supervision, and sexual relationships?

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 covertly until the end of its lifespan, and she should not be informed of its existence at this stage. A slight relaxation of supervision is permitted for three months, to be reviewed, but proceedings should continue due to ongoing disagreement and uncertainty. The local authority is responsible for bringing future applications regarding the IUD.

Court Disposition

Declarations and orders granted as set out in judgment; proceedings to continue for 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.