PN (Capacity: Sexual Relations and Disclosure), Re

PN (Capacity: Sexual Relations and Disclosure), Re

PN has capacity to engage in sexual relations, to decide to disclose information about the risk of sexual harm he poses, and to allow the Local Authority to disclose such information, as he can understand, retain, and use the relevant information, and his impairments do not cause incapacity in these domains.

Parties
Applicant: PN; Litigation Friend: Official Solicitor; First Respondent: Durham County Council; Second Respondent: North East and North Cumbria Integrated Care Board
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Court of Protection / Judgment
Outcome
Declarations made that PN has capacity in relation to the three decisions under consideration.
Legal Topics
Capacity to Engage in Sexual Relations, Disclosure of Risk Information, Autonomy Vs Protection, Person Specific Capacity Assessment
Mental Capacity Health Law Human Rights Capacity to Engage in Sexual Relations Disclosure of Risk Information Autonomy Vs Protection Person Specific Capacity Assessment

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Parties

PN

Applicant

Official Solicitor

Litigation Friend

Durham County Council

First Respondent

North East and North Cumbria Integrated Care Board

Second Respondent

Procedural Posture

Court of Protection / Judgment

Legal Issues

  1. 1 Does PN have capacity to engage in sexual relations?
  2. 2 Does PN have capacity to decide to disclose information about the risk of sexual harm he poses to others?
  3. 3 Does PN have capacity to allow the Local Authority to disclose information about the risk of sexual harm he poses to others?

Ratio Decidendi

PN has capacity to engage in sexual relations, to decide to disclose information about the risk of sexual harm he poses, and to allow the Local Authority to disclose such information, as he can understand, retain, and use the relevant information, and his impairments do not cause incapacity in these domains.

Court Disposition

Declarations made that PN has capacity in relation to the three decisions under consideration.

Orders

  • Declaration that PN has capacity to engage in sexual relations.
  • Declaration that PN has capacity to decide to disclose information about the risk of sexual harm he poses to others.