A Local Authority v H (No 2) [2019] EWCOP 51 (19 February 2019)

A Local Authority v H (No 2) [2019] EWCOP 51 (19 February 2019)

H now has capacity to consent to sexual relations and contraception, so the court has no jurisdiction to determine best interests in those areas. The court retains jurisdiction over best interests regarding residence, care, and contact due to continuing incapacity. Coercive powers must be strictly limited to areas of incapacity, be necessary and proportionate, and not intrude on H's autonomy in areas where she has capacity.

Citation
[2019] EWCOP 51
Parties
Applicant: A Local Authority; Respondent: H
Jurisdiction
England and Wales
Judgment Date
19 February 2019
Procedural Posture
Court of Protection / Judgment on Applications to Reconsider Capacity and Review Best Interests Provisions
Outcome
Declarations made that H has capacity to consent to sexual relations and contraception; H lacks capacity regarding residence, care, contact, and conduct of proceedings; best interests arrangements for care, residence, and contact approved; deprivation of liberty authorised; matter to be reviewed in a few months;...
Legal Topics
Capacity to Consent to Sexual Relations, Capacity Regarding Contraception, Best Interests, Deprivation of Liberty, Article 8 ECHR Rights, Coercive Powers of Local Authority
Mental Capacity Law Human Rights Law Family Law Capacity to Consent to Sexual Relations Capacity Regarding Contraception Best Interests Deprivation of Liberty Article 8 ECHR Rights +1 more

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Parties

A Local Authority

Applicant

H

Respondent

Procedural Posture

Court of Protection / Judgment on Applications to Reconsider Capacity and Review Best Interests Provisions

Legal Issues

  1. 1 Whether H has capacity to consent to sexual relations
  2. 2 Whether H has capacity to make decisions regarding contraception
  3. 3 What best interests arrangements should be made regarding residence, care, and contact

Ratio Decidendi

H now has capacity to consent to sexual relations and contraception, so the court has no jurisdiction to determine best interests in those areas. The court retains jurisdiction over best interests regarding residence, care, and contact due to continuing incapacity. Coercive powers must be strictly limited to areas of incapacity, be necessary and proportionate, and not intrude on H's autonomy in areas where she has capacity.

Court Disposition

Declarations made that H has capacity to consent to sexual relations and contraception; H lacks capacity regarding residence, care, contact, and conduct of proceedings; best interests arrangements for care, residence, and contact approved; deprivation of liberty authorised; matter to be reviewed in a few months;...

Orders

  • Declaration that H has capacity to consent to sexual relations and contraception.
  • Declaration that H lacks capacity regarding residence, care and support arrangements, contact, and conduct of proceedings.