DY v A City Council [2022] EWCOP 51

Paedophilia and DOLS DY was a man in his 20s with autistic spectrum disorder, generalised anxiety disorder and paedophilia. He was subject to a SHPO, due to expire in three months, having been convicted of two sexual assaults of a girl aged under 13, with a residence requirement and curfew, and was managed by MAPPA (category 1, level 2). He was also detained under DOLS, always being accompanied by male staff when going into the community, and appealed under s21A. (1) He argued that the primary purpose of the care plan was the protection of the public rather than to prevent harm to himself, but the judge disagreed: it would be harmful to DY were he to commit further offences (reoffending would cause stress and risk of self harm, and risk of retribution) or place himself at risk of further criminal sanctions. (2) The judge decided that he had capacity to consent to his care and support arrangements, so should be discharged from DOLS. There was a high risk of impulsive reoffending if given the opportunity but that was a matter for the criminal justice system; she hoped that he would agree to be accompanied by at least one care worker whenever he goes out.