SF, Re

SF, Re

SF retains capacity to consent to sexual relations and to decide contact with her husband, based on expert evidence distinguishing her semantic memory and pre-morbid passivity from her dementia-related impairment. Deprivation of liberty at home and in respite care is attributable to State arrangements and must be authorised.

Parties
Applicant: A Local Authority in Yorkshire; Respondent: SF
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Court of Protection / Judgment
Outcome
Declarations made that SF has capacity to consent to sexual relations and to decide contact with her husband; deprivation of liberty authorised.
Legal Topics
Capacity to Consent to Sexual Relations, Capacity to Decide Contact With Spouse, Deprivation of Liberty, Best Interests Determination
Mental Capacity Family Law Human Rights Capacity to Consent to Sexual Relations Capacity to Decide Contact With Spouse Deprivation of Liberty Best Interests Determination

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Parties

A Local Authority in Yorkshire

Applicant

SF

Respondent

Procedural Posture

Court of Protection / Judgment

Legal Issues

  1. 1 Whether SF has capacity to consent to sexual relations
  2. 2 Whether SF has capacity to decide contact with her husband
  3. 3 Whether SF is deprived of her liberty and if so, whether such deprivation is lawful

Ratio Decidendi

SF retains capacity to consent to sexual relations and to decide contact with her husband, based on expert evidence distinguishing her semantic memory and pre-morbid passivity from her dementia-related impairment. Deprivation of liberty at home and in respite care is attributable to State arrangements and must be authorised.

Court Disposition

Declarations made that SF has capacity to consent to sexual relations and to decide contact with her husband; deprivation of liberty authorised.

Orders

  • Declaration that SF has capacity in relation to sexual relations and contact with her husband.
  • Authorisation of deprivation of liberty at Hawthorns and at home.