XCC v AA & Others

Mental Capacity Law Cases

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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