A Local Authority v H

A Local Authority v H

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. This incapacity justifies the restrictive care regime and deprivation of liberty in her best interests. As she lacks capacity to consent to sexual relations, she also lacks capacity to marry. No declaration is made regarding contraception as the issue is premature and subject to future review.

Parties
Applicant: A Local Authority; Respondent: H
Jurisdiction
England and Wales
Judgment Date
27 January 2012
Procedural Posture
Court of Protection Application / Judgment After Final Hearing
Outcome
Declarations granted; orders made as sought by the applicant.
Legal Topics
Capacity to Consent to Sexual Relations, Deprivation of Liberty, Best Interests, Capacity to Marry, Contraception, Mental Capacity Act 2005
Mental Capacity Law Family Law Human Rights Capacity to Consent to Sexual Relations Deprivation of Liberty Best Interests Capacity to Marry Contraception +1 more

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Parties

A Local Authority

Applicant

H

Respondent

Procedural Posture

Court of Protection Application / Judgment After Final Hearing

Legal Issues

  1. 1 Whether H lacks capacity to consent to sexual relations
  2. 2 Whether H lacks capacity to marry
  3. 3 Whether H lacks capacity regarding 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. This incapacity justifies the restrictive care regime and deprivation of liberty in her best interests. As she lacks capacity to consent to sexual relations, she also lacks capacity to marry. No declaration is made regarding contraception as the issue is premature and subject to future review.

Court Disposition

Declarations granted; orders made as sought by the applicant.

Orders

  • Declaration that H lacks capacity to consent to sexual relations.
  • Order authorising deprivation of liberty and restrictive care regime in H's best interests.