A Local Authority v JB [2019] EWCOP 39

Capacity and sexual relations "Distilled to its essence, the question which it is said remains unanswered is this: does the "information relevant to the decision" within section 3(1) of the Mental Capacity Act 2005 include the fact that the other person engaged in sexual activity must be able to, and does in fact, from their words and conduct, consent to such activity?"

Citation

• JB (Capacity: Consent To Sexual Relations And Contact With Others) (2019) EWCOP 39^B

  Essex search

This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 98, October 2019)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Capacity to consent to sexual relations cases🔍

Date: 17/9/19🔍

Court: Court of Protection🔍

Judicial history:

• A Local Authority v JB [2020] EWCA Civ 735
• A Local Authority v JB [2019] EWCOP 39

Judge(s):

• Roberts🔍

Parties:

• A Local Authority🔍
• JB🔍

Citation number(s):

• [2019] EWCOP 39^B

What links here:

• B v A Local Authority [2019] EWCA Civ 913
• A Local Authority v JB [2020] EWCA Civ 735
• 39 Essex Chambers, 'Mental Capacity Report' (issue 98, October 2019)
• A Local Authority v JB [2021] UKSC 52

Published: 14/4/21 20:54

Cached: 2025-05-21 19:06:48