Re SF [2020] EWCOP 15

Sexual relations and contact with husband (1) SF lacked capacity in relation to some areas (litigation, care, residence, finances, tenancy, contact with strangers and people who are unfamiliar) but did have capacity to consent to sexual relations and to decide on contact with her husband. The psychiatric evidence was that SF would only have episodic memory ("memory for the personally experienced events of a person’s life, with retention of the details of time and situation in which they were acquired") in relation to contact with strangers, but would have semantic memory ("knowledge which is retained irrespective of the circumstances in which it was acquired [deriving] from the 'feeling' around the memory rather than the 'facts' surrounding the memory") in relation to her husband. (2) The court authorised the deprivation of liberty which existed both when living at her home and (on an interim basis until authorised by the placement) when receiving respite care at a residential supported care provision.


Essex newsletter 103.pdf
This case has been summarised on page 14 of 39 Essex Chambers, 'Mental Capacity Report' (issue 103, April 2020).

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Full judgment: BAILII


  • Sex and marriage cases🔍
  • Deprivation of liberty🔍

Date: 25/3/20🔍

Court: Court of Protection🔍



  • A Local Authority in Yorkshire🔍
  • SF🔍

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Published: 18/7/20 20:31

Cached: 2024-04-25 04:01:39