PS (Severe short term memory loss: Capacity to engage in sexual relations), Re

PS (Severe short term memory loss: Capacity to engage in sexual relations), Re

PS does not lack capacity to engage in sexual activity with WP, provided a proper protective care plan is implemented; the presumption of capacity was not displaced; PS can understand, use, and weigh relevant information regarding sexual relations with WP, and ongoing consent is determined by her behaviour and feelings in the moment.

Parties
Applicant: PS; First Respondent: A Local Authority; Second Respondent: WP; Third Respondent: DT; Fourth Respondent: RS; Litigation Friend: Cecilia Walsh
Jurisdiction
England and Wales
Judgment Date
16 August 2024
Procedural Posture
Court of Protection / Judgment
Outcome
PS found to have capacity to engage in sexual relations with WP; lacks capacity for other decisions.
Legal Topics
Capacity to Consent to Sexual Relations, Best Interests, Deputyship, Safeguarding, Alcohol Related Amnesia
Mental Capacity Family Law Health Law Capacity to Consent to Sexual Relations Best Interests Deputyship Safeguarding Alcohol Related Amnesia

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Parties

PS

Applicant

A Local Authority

First Respondent

WP

Second Respondent

DT

Third Respondent

RS

Fourth Respondent

Cecilia Walsh

Litigation Friend

Procedural Posture

Court of Protection / Judgment

Legal Issues

  1. 1 Whether PS lacks capacity to make decisions regarding residence, care, alcohol consumption, contact, and sexual relations
  2. 2 Whether PS has capacity to engage in sexual relations with WP

Ratio Decidendi

PS does not lack capacity to engage in sexual activity with WP, provided a proper protective care plan is implemented; the presumption of capacity was not displaced; PS can understand, use, and weigh relevant information regarding sexual relations with WP, and ongoing consent is determined by her behaviour and feelings in the moment.

Court Disposition

PS found to have capacity to engage in sexual relations with WP; lacks capacity for other decisions.

Orders

  • Parties to formulate an order encapsulating judgment.
  • Deputyship order to replace defective LPAs.