Page values for "Re P (Sexual Relations and Contraception): A Local Authority v P (2018) EWCOP 10"
|_creationDate||2018-10-22 2:37:50 PM|
|_modificationDate||2019-08-18 10:33:28 PM|
|_categories||2018_cases • 39_Essex_Chambers_summary • Capacity_to_consent_to_sexual_relations • Cases • E90 • Judgment_available_on_Bailii|
|_pageNameOrRedirect||Re P (Sexual Relations and Contraception): A Local Authority v P (2018) EWCOP 10|
Sex and covert contraception
"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  EWCOP 10 (18 April 2018)" - presumably v.1 was the unredacted judgment|
|Subject||Capacity to consent to sexual relations|
|Parties||A Local Authority • P • The NHS Trust • A Family Member|
|Court||Court of Protection|
|NCN|| EWCOP 10|