Judge: HHJ Williscroft
Citation:  EWCOP 48
A 24-year-old with learning disability, autistic traits and mood disorder was sharing a flat with two residents and at significant risks arising from contact with others. Having been sexually abused as a child, he was being sexually exploited, being drugged to have sex with random men. Despite sex and drug education, he continued to abscond so 2:1 support 24 hours a day was put in place which he opposed.
On application to the Court, he was considered to have capacity to make decisions as to sexual relations, internet and social media, but was found to lack capacity as to care, residence and contact with others. In particular, he could not understand the risks he faced when meeting people to engage in sex or drug use. He was not able to put into action even fairly minimal basics that would keep him safe. He was able to describe what dreadful things might happen, but unable to relate them to himself and so could not weigh those risks in the balance. As HHJ Williscroft identified:
Helpfully, the Judge prepared a letter to the young man to explain her decision.
The silo-ing of sex and contact decisions continues to be of interest and will, hopefully, be considered by the Supreme Court in JB in due course. Providing the decision by letter to the young man was also an important step, enabling him to understand the reasons behind the significant measures that were in place.
 Note, Arianna having been involved in the case, she has not contributed to this note.