A Local Authority v JB

Mental Capacity Law Cases

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

Re SJ


Summary This case concerned SJ, a 43 year old diabetic suffering from chronic, unhealed bed sores in the context of significant obesity and incontinence.  He had previously been detained under… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Sexual relations Date

CH v A Metropolitan Council


Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »

CategoryArticle 8 ECHR - Contact, Mental capacity - Sexual relations, COP jurisdiction and powers - Damages, Mental capacity - Contact Date

LB Southwark v KA (Capacity to Marry)


Summary In the London Borough of Southwark v KA & Ors [2016] EWCOP 20 , Parker J had to grapple – again – with the question of whether a young… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Marriage, Mental capacity - Sexual relations Date

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