A Local Authority v H [2012] EWCOP 49 (27 January 2012)

A Local Authority v H [2012] EWCOP 49 (27 January 2012)

H lacks capacity to consent to sexual relations because she does not understand the health implications of sexual activity and cannot effectively deploy relevant information in decision-making; the restrictive care regime is justified in her best interests and subject to regular review.

Citation
[2012] EWCOP 49
Parties
Applicant: A Local Authority; Respondent: H
Jurisdiction
England and Wales
Judgment Date
27 January 2012
Procedural Posture
Court of Protection / Final Hearing and Judgment
Outcome
Declarations granted; restrictive care regime approved; case to be reviewed in future.
Legal Topics
Capacity to Consent to Sexual Relations, Deprivation of Liberty, Best Interests, Mental Capacity Act 2005, Sexual Offences Act 2003
Mental Capacity Law Family Law Human Rights Capacity to Consent to Sexual Relations Deprivation of Liberty Best Interests Mental Capacity Act 2005 Sexual Offences Act 2003

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Parties

A Local Authority

Applicant

H

Respondent

Procedural Posture

Court of Protection / Final Hearing and Judgment

Legal Issues

  1. 1 Does H lack capacity to consent to sexual relations?
  2. 2 Are the restrictive care arrangements in H's best interests and justified?
  3. 3 Should declarations be made regarding H's capacity to marry or use contraception?

Ratio Decidendi

H lacks capacity to consent to sexual relations because she does not understand the health implications of sexual activity and cannot effectively deploy relevant information in decision-making; the restrictive care regime is justified in her best interests and subject to regular review.

Court Disposition

Declarations granted; restrictive care regime approved; case to be reviewed in future.

Orders

  • Declaration that H lacks capacity to consent to sexual relations.
  • Approval of restrictive care and living arrangements amounting to deprivation of liberty under DOLS.