HD (Capacity to Engage in Sexual Relations)

Mental Capacity Law Cases

HD (Capacity to Engage in Sexual Relations)


In HD Cobb J has grappled with the impact of the Court of Appeal’s decision in Re JB [2020] EWCA Civ 735, in which the Court of Appeal had made clear that the… Read more »

CategoryMental capacity - Sexual relations, Mental capacity Date

AMDC v AG and CI (No. 2)


Summary These proceedings involve the development of a relationship between two care home residents. In light of the interim judgment, which we covered at [2020] EWCOP 58, the matter was… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Marriage, Mental capacity - Sexual relations, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Best interests, Medical treatment, Mental capacity Date

Griffith v P (By Her Litigation Friend the Official Solicitor)


The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction and sentence of imprisonment for contempt, on which we reported… Read more »

CategoryMental capacity - Sexual relations, COP jurisdiction and powers - Contempt of Court, COP jurisdiction and powers, Mental capacity Date

A Local Authority v JB


Summary The Court of Appeal has made clear that we have been asking the wrong question in relation to sexual relations.   The issue arose in the context of proceedings concerning… Read more »

CategoryMental capacity - Sexual relations Date

A Local Authority v JB


Summary This case was concerned with whether the presumption that a man had capacity to consent to sexual relations had been rebutted. In particular there was a dispute as to… Read more »

CategoryMental capacity - Sexual relations Date

LB Tower Hamlets v NB & AU


Summary Hayden J has made further observations about the test for capacity to consent to sexual relations.  We use the term “observations” advisedly, because his judgment does not, in fact,… Read more »

CategoryMental capacity - Sexual relations Date

B v A Local Authority


Summary The Court of Appeal has made both general and specific observations about the assessment of mental capacity in determining the appeal/cross-appeal against the decision of Cobb J in Re… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Sexual relations, Mental capacity - Residence, Social Media Date

Re NB (Consent to Sex)


The judgment in Re NB [2019] EWCOP 17 concerns a hearing on 7 May 2019 at which Hayden J considered the position of a married couple where doubts had been… Read more »

CategoryMental capacity - Sexual relations Date

Manchester City Council v LC & Anor


Summary[1] This case, concerning the sexual relationships of LC, a young woman with autism and a learning disability, received considerable public attention shortly before this judgment was handed down, a… Read more »

CategoryBest interests - Contact, Mental capacity - Sexual relations Date

Re P (Sexual Relations and Contraception)


Summary This case concerned a young woman with learning disabilities, in respect of whom Court of Protection proceedings had been ongoing for a considerable period of time.  In 2012, the… Read more »

CategoryBest interests - Contact, Mental capacity - Sexual relations, Best interest - Contraception Date

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