A local Authority v P and CCG [2021] EWCOP 48

Sex and contact P had capacity in relation to sex, but lacked capacity in relation to litigation, residence, care and contact. The judge's letter to P included the following explanation: "Sex is a part of contact with other people but in law considered separately. Everyone was prepared to agree you could understand what decisions you and the person you have sex with have to take. However the decision about who is a person who you can trust enough to have sex with is a decision about contact and the evidence shows me that this is something you do not have understanding about."

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Capacity to consent to sexual relations cases🔍
  • Other capacity cases🔍

Date: 10/6/21🔍

Court: Court of Protection🔍

Judge(s):

Parties:

  • A Local Authority🔍
  • P🔍
  • A Clinical Commissioning Group🔍

Citation number(s):

What links here:

Published: 12/9/21 20:36

Cached: 2021-09-20 09:13:24