D County Council v LS [2010] EWHC 1544 (Fam) (15 June 2010)

D County Council v LS [2010] EWHC 1544 (Fam) (15 June 2010)

The test for capacity to consent to sexual relations and marriage in civil proceedings is governed by the Mental Capacity Act 2005, requiring not only understanding and retention of relevant information but also the ability to use or weigh that information in the decision-making process. The House of Lords decision in R v C confirms that capacity can be situation-specific and that the statutory test under the 2005 Act is consistent with this approach. Applying this test, LS remains capacitous in respect of both sexual relations and marriage, and the previous declarations require no variation or discharge.

Citation
[2010] EWHC 1544 (Fam)
Parties
Applicant: D. County Council; 1st Respondent: LS (by her Litigation Friend The Official Solicitor); Advocate to the Court: Advocate to The Court
Jurisdiction
England and Wales
Judgment Date
15 June 2010
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Post Judgment Clarification Following House of Lords Decision in R V C
Outcome
No order; declarations regarding LS's capacity to consent to sexual relations and marriage remain unchanged.
Legal Topics
Capacity to Consent to Sexual Relations, Capacity to Marry, Interpretation of Mental Capacity Act 2005, Interaction Between Civil and Criminal Capacity Tests
Mental Capacity Law Family Law Public Law Capacity to Consent to Sexual Relations Capacity to Marry Interpretation of Mental Capacity Act 2005 Interaction Between Civil and Criminal Capacity Tests

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Parties

D. County Council

Applicant

LS (by her Litigation Friend The Official Solicitor)

1st Respondent

Advocate to The Court

Advocate to the Court

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Post Judgment Clarification Following House of Lords Decision in R V C

Legal Issues

  1. 1 Whether the House of Lords decision in R v C alters the test for capacity to consent to sexual relations and marriage in civil proceedings under the Mental Capacity Act 2005
  2. 2 Whether the declarations made in January 2009 regarding LS's capacity require reconsideration, variation, or discharge

Ratio Decidendi

The test for capacity to consent to sexual relations and marriage in civil proceedings is governed by the Mental Capacity Act 2005, requiring not only understanding and retention of relevant information but also the ability to use or weigh that information in the decision-making process. The House of Lords decision in R v C confirms that capacity can be situation-specific and that the statutory test under the 2005 Act is consistent with this approach. Applying this test, LS remains capacitous in respect of both sexual relations and marriage, and the previous declarations require no variation or discharge.

Court Disposition

No order; declarations regarding LS's capacity to consent to sexual relations and marriage remain unchanged.