EE (Capacity: Contraception and Conception), Re

EE (Capacity: Contraception and Conception), Re

EE has capacity to make decisions about engaging in sexual relations and the use of contraception, as she understands, retains, and weighs the relevant proximate medical information. She lacks capacity to make decisions about contact with others due to inability to weigh risks posed by unfamiliar persons. The bar...

Source-derived case information.

Parties
Applicant: Sheffield City Council; Respondent: EE
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Court of Protection Proceedings / Judgment on Capacity
Outcome
Declaration of capacity and incapacity as specified
Legal Topics
Capacity to Consent to Sexual Relations, Capacity to Use Contraception, Contact With Others, Article 8 ECHR Rights
Mental Capacity Law Family Law Health Law Capacity to Consent to Sexual Relations Capacity to Use Contraception Contact With Others Article 8 ECHR Rights

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Sheffield City Council

Applicant

EE

Respondent

Procedural Posture

Court of Protection Proceedings / Judgment on Capacity

Legal Issues

  1. 1 Does EE have capacity to make decisions to engage in sexual relations?
  2. 2 Does EE have capacity to make decisions about contact with others?
  3. 3 Does EE have capacity to make decisions about the use of contraception?

Ratio Decidendi

EE has capacity to make decisions about engaging in sexual relations and the use of contraception, as she understands, retains, and weighs the relevant proximate medical information. She lacks capacity to make decisions about contact with others due to inability to weigh risks posed by unfamiliar persons. The bar for capacity must not be set too high by requiring understanding of remote or non-proximate risks.

Court Disposition

Declaration of capacity and incapacity as specified

Orders

  • Declaration that EE has capacity to make decisions about engaging in sexual relations.
  • Declaration that EE has capacity to make decisions about the use of contraception.