Local Authority A v ZZ [2023] EWCOP 61 (01 August 2023)

Local Authority A v ZZ [2023] EWCOP 61 (01 August 2023)

Peter has capacity to consent to sexual relations, to marry, to decide where to live (within available care settings), and to manage his property and affairs (with support). He lacks capacity to decide on his care, use of social media/internet, and contact with others (including Jenny and his mother) due to inability to understand or mitigate risks he poses. Inability to control sexual urges does not equate to incapacity under the Mental Capacity Act.

Citation
[2023] EWCOP 61
Parties
Applicant: Local Authority A; Respondent: Peter (ZZ); Interested Party: Jenny (JX)
Jurisdiction
England and Wales
Judgment Date
01 August 2023
Procedural Posture
Court of Protection Mental Capacity / Judgment on Capacity Determination
Outcome
Declarations as to capacity granted in specified domains; further orders to be discussed with parties.
Legal Topics
Capacity to Consent to Sexual Relations, Capacity to Marry, Capacity to Decide Residence, Capacity to Manage Property and Affairs, Capacity to Use Social Media/internet, Capacity to Decide Contact, Capacity to Use Contraception
Mental Capacity Law Family Law Court of Protection Capacity to Consent to Sexual Relations Capacity to Marry Capacity to Decide Residence Capacity to Manage Property and Affairs Capacity to Use Social Media/internet +2 more

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Parties

Local Authority A

Applicant

Peter (ZZ)

Respondent

Jenny (JX)

Interested Party

Procedural Posture

Court of Protection Mental Capacity / Judgment on Capacity Determination

Legal Issues

  1. 1 Whether Peter has capacity to make decisions regarding sexual relations, marriage, residence, contact, use of contraception, property and affairs, use of social media/internet, and sharing of offending information.

Ratio Decidendi

Peter has capacity to consent to sexual relations, to marry, to decide where to live (within available care settings), and to manage his property and affairs (with support). He lacks capacity to decide on his care, use of social media/internet, and contact with others (including Jenny and his mother) due to inability to understand or mitigate risks he poses. Inability to control sexual urges does not equate to incapacity under the Mental Capacity Act.

Court Disposition

Declarations as to capacity granted in specified domains; further orders to be discussed with parties.

Orders

  • Declaration that Peter lacks capacity to decide on care, use of social media/internet, and contact with others (including Jenny and his mother).
  • Declaration that Peter has capacity to consent to sexual relations, to marry, to decide where to live (within available care settings), and to manage his property and affairs (with support).