header-logo header-logo

Court of protection: Sexual relations & consent

16 September 2020 / Laura Davidson
Issue: 7902 / Categories: Features , Mental health
printer mail-detail
27525
Laura Davidson examines the law on capacity to have sexual relations
  • A Local Authority v JB [2020] EWCA Civ 735: a fascinating and comprehensive review of the law on capacity to have sexual relations.

 


 

‘No man is an island’. So Lord Justice Baker reminded us recently in A local authority v JB [2020] EWCA Civ 735, [2020] All ER (D) 62 (Jun) (at [98]). The judgment provides a fascinating and comprehensive review of the law on capacity to have sexual relations, cutting through the confusing mire of (largely obiter) case law to bring a degree of clarity and refinement to the requisite capacity test. Naturally, the wishes of P (the subject of a capacity assessment) and his or her consent to sexual relations were central in previous reported decisions, but in JB it was the consent of a potential partner under the microscope.

Due to his Asperger’s Syndrome, JB had marked difficulties in social interactions and his adaptive and global intellectual functioning. Like P in Re A (An Adult) [2019] EWCOP 2, [2019] All

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

New Square Chambers—Alexander Farara

New Square Chambers—Alexander Farara

Chambers welcomes new member

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll