The issue in this appeal was whether it is within the scope of parental responsibility to consent to living arrangements for a 16 or 17-year-old child which would otherwise amount to a deprivation of liberty within the meaning of article 5 of the European Convention of Human Rights (ECHR), in particular where the child lacks the mental capacity to make the decision for himself.
For the purposes of determining the fundamental capacity of an individual in relation to sexual relations, the information relevant to the decision for the purposes of section 3(1) of the MCA 2005 does not include information that, absent consent of a sexual partner, attempting sexual relations with another person is liable to breach the criminal law.
The P suffers from what is referred to as 'general global learning difficulty' and 'an impairment' in relation to her facility to communicate with others. She has been, at least historically, assisted by using the Makaton sign language. Her sentences are limited. She has been married to her husband for nearly 30 years and they have a 20 year old daughter. The question before the court was whether or not she had capacity to consent to sexual relations.
The judgment is important in that the question of whether the test for capacity to consent to sexual relationships is general and issue specific, rather than person or event specific was discussed in detail. Read the full text of the judgment on Bailii P appeal against a range of orders relating to her use of social media and consent to sexual relations. LA's cross-appeal against a decision that the P had capacity to decide on where she lived. Appeal dismissed, cross-appeal allowed.
Judgment was reserved in a case where the question was whether the P has the capacity to consent to sexual relations.
Application to prevent publication of a video of a patient, P, in her treating hospital. The application was granted.
Guidance has been given on the taking of samples from a person who does not have the capacity to consent.
This judgment in long-running proceedings involving the P, a vulnerable young woman, addresses difficult issues concerning her sexual relationships and the covert insertion of a contraceptive device. P is a young woman with learning disabilities. Concerns arose that, by reason of her learning difficulties, she was vulnerable to sexual exploitation, pregnancy and sexually transmitted diseases (STDs). There is evidence that she was sexually assaulted and an expert reported that the police expressed concern that P should not access the community unsupervised as she appeared to be a target for exploitation and was extremely vulnerable.
The court agreed that the P has the capacity to consent to sexual relations and that it was in her best interests for the IUD , which had been inserted some years earlier without her knowledge, to remain in place until the end of its normal ten-year span. However, the court regarded it as imperative that professionals working with P keep this issue under review at all times and start planning now for ways in which further decisions about contraception can be taken in a way that includes P and respects her personal autonomy and human rights. Read the full text of the judgment on Bailii |
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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