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Hull City Council v KF [2022] EWCOP 33

Sex and contact

KF, a woman with moderate learning disability, wanted to have sex with her partner KW on the night before he was due to be sentenced for sexual violence which had nearly killed her. The judge noted that the lack of bail conditions meant that only the COP proceedings offered her any protection. The court had previously decided that she had capacity to engage in sexual relations in general, but on this occasion decided that she lacked capacity to make decisions about: (a) contact with KW, including unsupervised contact with him whether overnight or at all; (b) sexual relations with KW; (c) support required to keep her safe when having unsupervised contact with KW. Unsurprisingly, the court decided that it was not in KF's best interests to have any unsupervised contact with KW.