Derbyshire CC v AC, EC and LC

Mental Capacity Law Cases

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

XCC v AA & Others


Summary: DD, a British citizen, had severe learning disabilities, little language, very little comprehension of anything other than simple matters, and required assistance with almost every aspect of daily living…. Read more »

CategoryMental capacity - Marriage, Mental capacity - Sexual relations, COP jurisdiction and powers - Interface with inherent jurisdiction Date

A Local Authority v H


Summary: H was 29 years old and had mild learning difficulties and atypical autism. She attended special school from aged 5 to 17, Community College until aged 19 and then… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Mental capacity - Marriage, Mental capacity - Sexual relations Date

D Borough Council v AB


Summary: The case, which received considerable publicity, concerned A, who had a moderate learning disability and had developed a homosexual relationship with a fellow service user, K. There was no… Read more »

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

D County Council v LS


Summary: This case is the first the authors are aware of to consider the test for capacity to have sexual relations following R v C [2009] 1WLR 1786, in which… Read more »

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

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