| _creationDate | 2018-10-22 2:37:50 PM |
| _modificationDate | 2019-08-18 10:33:28 PM |
| _creator | Jonathan |
| _categories | 2018_cases • 39_Essex_Chambers_summary • Capacity_to_consent_to_sexual_relations • Cases • E90 • Judgment_available_on_Bailii |
| _isRedirect | No |
| _pageNameOrRedirect | Re P (Sexual Relations and Contraception): A Local Authority v P (2018) EWCOP 10 |
| Sentence | Sex and covert contraception |
| Summary | "This judgment in long-running proceedings involving a vulnerable young woman, hereafter referred to as 'P', addresses difficult issues concerning her sexual relationships and the covert insertion of a contraceptive device. ... I shall address these issues in the following order: (1) Capacity - general principles. (2) P's capacity other than sexual relations. (3) P's capacity to consent to sexual relations. (4) Best interests: general principles. (5) Best interests: contraception. (6) Best interests: covert treatment (6) Best interests: sexual relationships and supervision. (7) Further issues arising from the draft order." ... Given the serious infringement of rights involved in the covert insertion of a contraceptive device, it is in my judgement highly probable that, in most, if not all, cases, professionals faced with a decision whether to take that step will conclude that it is appropriate to apply to the court to facilitate a comprehensive analysis of best interests, with P having the benefit of legal representation and independent expert advice. |
| Detail | ==Citations==
On Bailii as "P (Sexual Relations and Contraception) v.2 [2018] EWCOP 10 (18 April 2018)" - presumably v.1 was the unredacted judgment |
| Subject | Capacity to consent to sexual relations |
| Judicial_history | |
| Judicial_history_first_page | |
| Date | 2018-04-18 |
| Judges | Baker |
| Parties | A Local Authority • P • The NHS Trust • A Family Member |
| Court | Court of Protection |
| NCN | [2018] EWCOP 10 |
| MHLR | |
| ICLR | |
| Essex | E90-07 |
| Other_citations | |
| Cites | |
| External_links | |
| Judgment | |