Re P (Sexual Relations and Contraception)

Mental Capacity Law Cases

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

LB Tower Hamlets v TB and ors


Summary This is the latest judgment in long-running proceedings concerning the best interests of a Bangladeshi woman with a moderate learning disability.  In 2010 and 2011, orders were made in… Read more »

CategoryMental capacity - Sexual relations, Mental capacity Date

Derbyshire CC v AC, EC and LC


Summary AC was a 22-year-old woman with significant learning disability (IQ of 53), depression, and primary hyperthyroidism. She had a fiery temper and lived with her parents during the week…. Read more »

CategoryMental capacity - Sexual relations Date

A Local Authority v TZ (No.2)


Summary: This is a sequel to a case that we reported in the August newsletter, and has a number of extremely interesting things to say about contact and sex. In… Read more »

CategoryMental capacity - Sexual relations Date

R v Avanzi


Summary: In this case the Criminal Division of the Court of Appeal held that where proceedings are brought under the Sexual Offences Act 2003 (“SOA”), alleging that a complainant lacked… Read more »

CategoryMental capacity - Sexual relations Date

IM v LM & Others


Summary: This decision of the Court of Appeal considers the test of capacity to consent to sexual relations. LM was a 41 year old woman who had three children. She… Read more »

CategoryMental capacity - Sexual relations Date

A Local Authority v TZ


Summary: This is the latest decision concerning capacity to consent to sexual relations. In a scenario which will not be unfamiliar to lawyers working in this area, while the local… Read more »

CategoryMental capacity - Sexual relations Date

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