D County Council v LS

D County Council v LS

The correct legal test for capacity to consent to sexual relations and marriage in civil proceedings is that set out in section 3(1) of the Mental Capacity Act 2005, which requires the ability to understand, retain, use or weigh relevant information, and communicate a decision. The observations of Baroness Hale in R v C, though made in the context of the Sexual Offences Act 2003, are of general application and consistent with the statutory test. The declarations made in January 2009 regarding LS's capacity do not require reconsideration, variation, or discharge, as the application of the correct legal test leads to the same outcome.

Parties
Applicant: D. County Council; 1st Respondent: LS (by her Litigation Friend The Official Solicitor); Litigation Friend: The Official Solicitor
Jurisdiction
England and Wales
Judgment Date
15 June 2010
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Judgment Following Application for Clarification and Possible Variation/discharge of Declarations on Capacity
Outcome
No order for reconsideration, variation, or discharge of the declarations; declarations regarding LS's capacity to consent to sexual relations and marriage stand.
Legal Topics
Capacity to Consent to Sexual Relations, Capacity to Marry, Interpretation of Mental Capacity Act 2005, Application of Criminal Law Principles in Civil Context, Autonomy and Best Interests, Article 8 ECHR
Mental Capacity Law Family Law Human Rights Capacity to Consent to Sexual Relations Capacity to Marry Interpretation of Mental Capacity Act 2005 Application of Criminal Law Principles in Civil Context Autonomy and Best Interests +1 more

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Parties

D. County Council

Applicant

LS (by her Litigation Friend The Official Solicitor)

1st Respondent

The Official Solicitor

Litigation Friend

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Judgment Following Application for Clarification and Possible Variation/discharge of Declarations on Capacity

Legal Issues

  1. 1 Whether the decision in R v C (House of Lords) alters the test for capacity to consent to sexual relations and marriage in civil proceedings
  2. 2 Whether the declarations made in January 2009 regarding LS's capacity require reconsideration, variation, or discharge in light of R v C
  3. 3 What is the correct legal test for capacity to consent to sexual relations and marriage under the Mental Capacity Act 2005

Ratio Decidendi

The correct legal test for capacity to consent to sexual relations and marriage in civil proceedings is that set out in section 3(1) of the Mental Capacity Act 2005, which requires the ability to understand, retain, use or weigh relevant information, and communicate a decision. The observations of Baroness Hale in R v C, though made in the context of the Sexual Offences Act 2003, are of general application and consistent with the statutory test. The declarations made in January 2009 regarding LS's capacity do not require reconsideration, variation, or discharge, as the application of the correct legal test leads to the same outcome.

Court Disposition

No order for reconsideration, variation, or discharge of the declarations; declarations regarding LS's capacity to consent to sexual relations and marriage stand.